Introduction
Article 192 of the Consolidated Text of the Bankruptcy Law (TRLC) introduces the concept of the active mass of a bankruptcy, which constitutes all of the assets and rights integrated into the bankrupt s assets on the date of the declaration of bankruptcy, as well as those that are reintegrated to the bankrupt or acquired until the conclusion of the bankruptcy proceedings.
The active mass incorporates the principle of universality derived from Article 1.911 of the Civil Code (ie, the debtor is liable for all of its present and future assets).
Inclusions
To be included in the active mass, assets and rights must belong to the debtor (subjective requirement) and have a patrimonial nature and be alienable and attachable (objective requirement).
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The Supreme People's Court recently promulgated Several Provisions on Evidence in Civil Litigation Involving Intellectual Property Rights. The 33-article provisions alleviate the burden of proof on IP rights holders and streamline the formal requirements for evidence sourced outside China. They also introduce penalties for evidence obstruction.
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In an era where business relationships and financial affairs are
extending over national boundaries, there is a need for global
legal collaboration between nations in order to preserve the legal
rights of parties. One of the main pillars of global legal
collaboration is the ability of a judgment creditor to seek the
recognition and enforcement of a judgment issued by a foreign
court, in another country s jurisdiction, ensuring that justice
is served.
Although there is no unified system for the enforcement of
foreign judgments, Cyprus, as one of the EU s Member States,
ABU DHABI: Sheikh Mansour bin Zayed Al Nahyan, Deputy Prime Minister and Minister of Presidential Affairs, and President of Abu Dhabi Judicial Department (ADJD), signed a decision establishing the Abu Dhabi Court for Family, Civil and Administrative Matters.
The Court will hear requests and claims related to personal status, civil, administrative and rental disputes, with the aim of enhancing the efficiency and sustainability of the judicial processes and ensuring the effectiveness of litigation.
Youssef Saeed Al Abri, Undersecretary of the Abu Dhabi Judicial Department, affirmed that the establishment of specialised courts strengthens the leading position of Abu Dhabi’s judiciary at the regional and global levels, providing an integrated system that allows easy access to accomplished justice through a comprehensive set of advanced services that guarantee the excellence and efficiency of an independent judicial system.