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This paper deals with the interaction of insolvency and secured transactions law in a “bijural” jurisdiction, composed of sub-jurisdictions that come from different legal origins. It gives an introduction to bijuralism and then examines an example, namely the interaction of Canadian insolvency law and provincial secured transactions law. It stresses the different origins of Anglo-Canadian law and Québec law, in particular the difference in property law between the two and how it affects secured transactions law. It argues that given these fun- damental differences, the provinces have achieved a relatively harmonized secured transac- tions law. The paper goes on to compare the interaction in Canada with the interaction of European law and the law of EU member states. While the Canadian experience can serve as an example for the interaction in Europe, it also demonstrates shortcomings that need to be addressed in Canada as well as by a European insolvency legislator.

This paper deals with the interaction of insolvency and secured transactions law in a “bijural” jurisdiction, composed of sub-jurisdictions that come from different legal origins. It gives an introduction to bijuralism and then examines an example, namely the interaction of Canadian insolvency law and provincial secured transactions law. It stresses the different origins of Anglo-Canadian law and Québec law, in particular the difference in property law between the two and how it affects secured transactions law. It argues that given these fun- damental differences, the provinces have achieved a relatively harmonized secured transac- tions law. The paper goes on to compare the interaction in Canada with the interaction of European law and the law of EU member states. While the Canadian experience can serve as an example for the interaction in Europe, it also demonstrates shortcomings that need to be addressed in Canada as well as by a European insolvency legislator.

Research report to SBL, Unisa, Midrand. / Credit risk has been identified as the main risk that can result in the failure of a bank due to ineffective credit decisions. It is, therefore, critical for the banks to conduct credit risk assessment on new applicants and existing customers in order to determine the level of affordability and mitigate credit risk. Consumer credit information plays a very important role in credit risk assessment because it can accurately detect and predict default. The aim of this study was to investigate the consequences of inaccurate credit information on bank’s secured lending division. The investigation was conducted using various methods to achieve the objectives of this research. This was done through the exploration of literature review relating to research of the management of consumers credit information in developed and developing countries, and secured lending and inaccurate credit data. A quantitative research methodology was adopted. It was observed that credit risk is seen as the key risk that banks are faced with. It was found that inaccurate consumer credit data can have a negative impact on bank’s operations in terms of consumer’s disputes, higher pricing and consumer overindebtedness. In addition, inaccurate consumer credit data impede access to credit by consumers. One of the general recommendations of this research is that banks should assist in training the consumers to improve their knowledge of credit report. Further studies in the area of corporate or business clients are also recommended as the focus of this research was on individual bank’s clients.

Research report to SBL, Unisa, Midrand. / Credit risk has been identified as the main risk that can result in the failure of a bank due to ineffective credit decisions. It is, therefore, critical for the banks to conduct credit risk assessment on new applicants and existing customers in order to determine the level of affordability and mitigate credit risk. Consumer credit information plays a very important role in credit risk assessment because it can accurately detect and predict default. The aim of this study was to investigate the consequences of inaccurate credit information on bank’s secured lending division. The investigation was conducted using various methods to achieve the objectives of this research. This was done through the exploration of literature review relating to research of the management of consumers credit information in developed and developing countries, and secured lending and inaccurate credit data. A quantitative research methodology was adopted. It was observed that credit risk is seen as the key risk that banks are faced with. It was found that inaccurate consumer credit data can have a negative impact on bank’s operations in terms of consumer’s disputes, higher pricing and consumer overindebtedness. In addition, inaccurate consumer credit data impede access to credit by consumers. One of the general recommendations of this research is that banks should assist in training the consumers to improve their knowledge of credit report. Further studies in the area of corporate or business clients are also recommended as the focus of this research was on individual bank’s clients.

The theme of my graduation thesis is position of secured creditors. The purpose of my thesis is description of rights and duties of secured creditors. Emphasis is placed on creditors secured by the lien to real estate. The thesis is focused on realization of the lien and position of secured creditors in legal proceedings concerning realization of the lien. In first chapter thesis deals with concept of security and its purpose, in particular the lien. Description of distinction between security and reinforcement of the debt is included. It also deals with function of the lien - security function and realization function. Realization of the lien is achieved in legal proceeding by public auction, execution of decision by court or licensed executor. Thesis describe position of secured creditors in these legal proceedings and in the process of sale of the pledge. Thesis also examines execution of decision by court lien relating real estate and licensed executor lien relating real estate, its purpose and procedure of creation. Last chapter is focused on position of secured creditors in insolvency proceeding. Included is description of relation between execution proceeding and insolvency proceeding. This is followed by distinction between secured creditors according to substantive law and secured...

The Position and Application of Claims of the Secured Creditor in Insolvency Proceedings Abstract The topic of this thesis is the position and application of claims of the secured creditor within the special and to some extent independent type of civil court proceedings, which is insolvency proceedings. The object of insolvency proceedings is the bankruptcy or imminent bankruptcy of the debtor and the method of its resolution. It is more than clear, that the creditors who are involved in this proceedings have an interest in ensuring that their claim is satisfied as much as possible. The aim of the paper, as its name itself suggests, is not a general description of the course of insolvency proceedings, but a comprehensive analysis of the position and application of claims of the secured creditors. In the insolvency law, we understand the concept of secured creditor somewhat more narrowly compared to the general substantive law, which is based on the Civil Code. Indeed, the Insolvency Act defines who is deemed to be a secured creditor for the purposes of insolvency proceedings, and this definition does not include all types of security institutes known to us from substantive law. When examining the issue, I proceed from the relevant legal regulations, relevant case law of the higher courts of the Czech...

ABSTRACT ONTOLOGIES AND METHODS FOR INTEROPERABILITY OF ENGINEERING ANALYSIS MODELS (EAMS) IN AN E-DESIGN ENVIRONMENT SEPTEMBER 2007 NEELIMA KANURI, B.S., BIRLA INSTITUTE OF TECHNOLOGY AND SCIENCES PILANI INDIA M.S., UNIVERSITY OF MASSACHUSETTS AMHERST Directed by: Professor Ian Grosse Interoperability is the ability of two or more systems to exchange and reuse information efficiently. This thesis presents new techniques for interoperating engineering tools using ontologies as the basis for representing, visualizing, reasoning about, and securely exchanging abstract engineering knowledge between software systems. The specific engineering domain that is the primary focus of this report is the modeling knowledge associated with the development of engineering analysis models (EAMs). This abstract modeling knowledge has been used to support integration of analysis and optimization tools in iSIGHT FD , a commercial engineering environment. ANSYS , a commercial FEA tool, has been wrapped as an analysis service available inside of iSIGHT-FD. Engineering analysis modeling (EAM) ontology has been developed and instantiated to form a knowledge base for representing analysis modeling knowledge. The instances of the knowledge base are the analysis models of real world applications. To illustrate how abstract modeling knowledge can be exploited for useful purposes, a cantilever I-Beam design optimization problem has been used as a test bed proof-of-concept application. Two distinct finite element models of the I-beam are available to analyze a given beam design- a beam-element finite element model with potentially lower accuracy but significantly reduced computational costs and a high fidelity, high cost, shell-element finite element model. The goal is to obtain an optimized I-beam design at minimum computational expense. An intelligent KB tool was developed and implemented in FiPER . This tool reasons about the modeling knowledge to intelligently shift between the beam and the shell element models during an optimization process to select the best analysis model for a given optimization design state. In addition to improved interoperability and design optimization, methods are developed and presented that demonstrate the ability to operate on ontological knowledge bases to perform important engineering tasks. One such method is the automatic technical report generation method which converts the modeling knowledge associated with an analysis model to a flat technical report. The second method is a secure knowledge sharing method which allocates permissions to portions of knowledge to control knowledge access and sharing. Both the methods acting together enable recipient specific fine grain controlled knowledge viewing and sharing in an engineering workflow integration environment, such as iSIGHT-FD. These methods together play a very efficient role in reducing the large scale inefficiencies existing in current product design and development cycles due to poor knowledge sharing and reuse between people and software engineering tools. This work is a significant advance in both understanding and application of integration of knowledge in a distributed engineering design framework.

Title: Proposal for Insolvency Act amendments in order to establish equality status of creditors in the process od personal bankruptcy through debts charge off Thesis summary: The purpose of my thesis is to describe the new form of personal bankruptcy through debts charge off and point out some weaknesses of the current legislation together with some proposals how to deal with them. The reasons that led me to choose this topic are i) new legislation of Insolvency Act which is effective from January 1st 2008, and ii) my practical experience with insolvency proceedings. The thesis composes from eleven chapters where each of them deals with particular phase of the process. Prior to the chapters there is an Introduction which describes the aim of the thesis, reasons for this specific topic and explanations of basic legislation related to personal bankruptcy. Chapter One focuses on origination of the insolvency law in the territory of The Czech Republic and is divided into three subchapters. The first subchapter focuses on the development of insolvency law before the origination of Czechoslovakia, the second subchapter describes changes in the insolvency law from 1918 and the last subchapter deals with the former Bankruptcy Act. Chapter Two clarifies basic changes that were introduced by the Insolvency Act and...

De nos jours, le LASER reste l'outil le plus efficace et le plus utilisé pour injecter des fautes au sein des micro-contrôleurs sécurisés modernes. Parmi ses principaux avantages nous pouvons citer ses fortes résolutions spatiale et temporelle. Ces avantages ne sont toutefois accessibles qu'au prix d'investissements conséquents en temps et argent avec un coût oscillant entre deux et quatre centaines de milliers d'euros selon la qualité du LASER.Outre ces aspects financiers, la publication par les scientifiques, ainsi que l'intégration par les fabricants de cartes à puce, de contre-mesures efficaces, comme les détecteurs de lumière, ont incité aux développements de techniques d'injection de fautes alternatives et à coûts plus modérés. Parmi ces techniques alternatives, nous trouvons les techniques d'injection de faute(s) par médium électromagnétique qui permettent de perturber le comportement des circuits. C'est dans ce contexte que cette thèse présente les principaux effets de ce type d'injection de fautes en procédant à une première décomposition face avant face arrière, puis à une seconde lié à la forme du signal perturbateur utilisé (harmonique ou pulsé). Nous avons ainsi pu mettre en exergue des effets de coulage avec les lignes de métallisations mais aussi des effets de Forward sur le circuit cible. / Nowadays, LASER remains the tool the most effective and most used to inject faults within the modern secure microcontrollers. Among its main advantages we can quote its strong spatial and temporal resolutions. These advantages are however accessible only to the price of consequent investments in time and money with a cost oscillating between two and four hundreds of thousand euro according to the quality of the LASER. Besides these financial aspects, the publication by scientists, as well as the integration by the manufacturers of smart cards, effective countermeasures, as light detectors, incited to the development of alternative faults injection techniques with moderate costs. Among these alternative techniques, we find the electromagnetic fault injection techniques which allow perturbing the behavior of circuits. It is in this context that this thesis presents the main effects of this kind of fault injection by proceeding to a first decomposition in front side and back side, then in one second bound to the shape of the disturbing signal (harmonic or pulsed) used. So, we highlight coupling effects with metals lines but also a Forward effect on the target circuit.