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The doctrine of subordination of shareholder loans as safeguard of creditors' rights and its development in LithuaniaItem type:Publication, research article[2013][S4][S001][8]; International journal of development and sustainability (IJDS). [S.l.] : International Society for Development and Sustainability (ISDS), 2013, Vol. 2, no. 3., p. 1798-1805The crisis and post-crisis situation of the global economy in the recent years had a significant influence on more cautious decisions of company creditors making them to consider their investment possibilities with a more stringent approach. As it is known, in the context of various business transactions, creditors who have received a painful lesson of the economic crisis, nowadays request serious and robust safeguards for their rights. There is also another, a weaker, group of non-voluntary creditors, however, who are not linked by any contractual relations with debtor companies (e.g. third persons who have suffered from bad-faith actions of companies). Therefore, in addition to contracts, which are not effective for non-voluntary creditors, other ex ante safeguards for lender rights are necessary to protect the interests of not only voluntary but also of non-voluntary creditors, in particular when debtor companies have insolvency problems. For the purposes of securing creditors' interests effectively, the doctrine of subordination of shareholder rights has been acquiring a special importance in some of the EU member states recently. The purpose of this study is to analyse the doctrine of subordination of shareholder loans as an alternative safeguard of creditors' rights and to provide an assessment of its effectiveness for the protection of creditors' rights. The research has shown that subordination of shareholder loans is considered an effective safeguard of the rights of voluntary and non-voluntary creditors and is the right alternative for other measures of protection (e.g., contractual) of creditors' rights. At the end of the research, the authors provide specific recommendations to the Lithuanian legislator on the improvement of legislation in this area.
6 Methods for limiting attorneys’ professional liability to the client: comparative perspectiveItem type:Publication, research article[2013][S4][S001][11]; International journal of development and sustainability (IJDS). [S.l.] : International Society for Development and Sustainability (ISDS), 2013, Vol. 2, no. 3., p. 1787-1797At all times activity of the lawyers has been considered as an honourable profession. Accordingly, legislation, jurisprudence and legal doctrine of various countries have an inclination to impose higher standards, more strict requirements and restrictions with regard to attorneys’ activities. Nevertheless, lately the approach to the lawyers’ profession has a tendency to get more liberal, that allows attorneys to consider options to limit their professional liability towards their clients. The purpose of this study, therefore, is to analyse possible techniques to limit attorneys‘(as one of the professionals‘) liability in comparative perspective and to assess effectiveness of abovementioned methods of liability limitation. The research provided in this article has shown that there are two techniques that can be used in order to limit attorneys’ liability: contractual terms limiting party’s liability toward other party to the contract and appropriate forms of attorney’s legal practice, for example, by use of a limited company, limited partnership or limited liability partnership. The authors also make a conclusion that the single advantage of professional law partnership in Lithuania is the fact that the claims of the creditors are directed to a lawyer in case of insufficiency of property of professional law partnership.
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