L'aplicació del dret anglès per part dels tribunals de Catalunya

Mitjançant aquest projecte s’ha pogut: a) constatar l’escassa aplicació pràctica en els tribunals catalans del dret anglès; b) discutir els motius d’aquesta realitat judicial que s’aparta de les disposicions normatives previstes a la Llei d’Enjudiciament Civil 1/2000; c) plantejar solucions als problemes detectats, formulant una proposta de modificació normativa. Tot això s’ha materialitzat en 4 Ponències Internacionals presentades al “Congreso Internacional sobre Prueba Judicial” organitzat per les Facultats Jurídiques de les Universitats de Deusto, Comillas i Esade els 19 a 21 de juliol de 2010; 3 Comunicacions presentades a la Universidad de Salamanca en la “Jornada en Homenaje a la Profra. Mª. Carmen Calvo Sánchez”, el 25 de novembre de 2010; i un llibre col•lectiu de tots els membres integrants d’aquest projecte de recerca titulat “La prova del dret estranger: teoria i pràctica. Estudi de 30 casos reals”, publicat per l’editorial J.Mª. Bosch, la més antiga a Espanya i de reconegut prestigi i àmplia difusió en l’àrea del Dret Processal: es va crear l’any 1889 i ha publicat més de 300 llibres en aquesta àrea de coneixement.

Cantant entre guerres : música coral per a veus blanques a França i Catalunya a principis del segle XX

Aquest treball busca definir algunes característiques comunes d'obres musicals escrites a principis del segle XX per compositors francesos i catalans per a cor de veus blanques, mitjançant l'estudi de les seves biografies i l'anàlisi de les pròpies obres. Aquestes peces, compostes en llocs i moments diferents, convergeixen però en alguns punts estilístics, transcendint les fronteres per contribuir a l'elaboració d'un llenguatge propi d'un entorn cultural més ampli, de París a Barcelona.

Do you work or do you study? Children's work in a comparative historical perspective

In this paper we compare two historical scenarios very different one to each other bothin institutional and geographical terms. What they have in common is the situation ofrelative poverty of most of the population. On the one side we are dealing withhistorical industrializing Catalonia in the North East of Spain, a country exhibiting pooreconomic yields in the context of European and non European industrializing nations inthe 19th century. We compare children s work patterns in 19th century Catalonia withthose of current developing countries in Latin America, Africa and South and East Asia.This kind of exercise in which the nexus of the comparison are the levels of wealth ofcountries that are unsuccessful to achieve high standards of economic growth allows usto combine the micro historical analysis (in the Catalan case) with the macrocomparative approach in current developing countries. By means of both, the microhistorical analysis and the macro regression analysis we obtain the result that adultwomen s skills and real wages are a key factor when we want to explain the patterns ofchildren work. While female real wages increased a sharp rate in 19th century Cataloniawe obtain very different results in the case of developing countries. This differentgender bias helps to explain why in some cases children continue to work and also whysome parts of the world continue to be poor according to our regression analysis.

Macroprudential policy, countercyclical bank capital buffers and credit supply: Evidence from the Spanish dynamic provisioning experiments

We analyze the impact of countercyclical capital buffers held by banks on the supplyof credit to firms and their subsequent performance. Spain introduced dynamicprovisioning unrelated to specific bank loan losses in 2000 and modified its formulaparameters in 2005 and 2008. In each case, individual banks were impacteddifferently. The resultant bank-specific shocks to capital buffers, coupled withcomprehensive bank-, firm-, loan-, and loan application-level data, allow us toidentify its impact on the supply of credit and on real activity. Our estimates showthat countercyclical dynamic provisioning smooths cycles in the supply of credit andin bad times upholds firm financing and performance.

Interbank liquidity crunch and the firm credit crunch: Evidence from the 2007-2009 crisis

We study the credit supply effects of the unexpected freeze of the Europeaninterbank market, using exhaustive Portuguese loan-level data. We find thatbanks that rely more on interbank borrowing before the crisis decrease theircredit supply more during the crisis. The credit supply reduction is stronger forfirms that are smaller, with weaker banking relationships. Small firms cannotcompensate the credit crunch with other sources of debt. Furthermore, theimpact of illiquidity on the credit crunch is stronger for less solvent banks.Finally, there are no overall positive effects of central bank liquidity, but higherhoarding of liquidity.

Credit rationing and crowding out during the Industrial Revolution: Evidence from Hoare's Bank, 1702-1862

Crowding-out during the British Industrial Revolution has long been one of the leadingexplanations for slow growth during the Industrial Revolution, but little empirical evidence exists to support it. We argue that examinations of interest rates are fundamentally misguided, and that the eighteenth- and early nineteenth-century private loan market balanced through quantity rationing. Using a unique set of observations on lending volume at a London goldsmith bank, Hoare s, we document the impact of wartime financing on private credit markets. We conclude that there is considerable evidence that government borrowing, especially during wartime, crowded out private credit.

2007 Annual Report of the Iowa Railway Finance Authority

The Iowa Railway Finance Authority (IRFA) was created in 1980 by the 68th General Assembly to provide for the financing of rail facilities, and to enhance and continue the operation of essential rail facilities. IRFA was authorized to offer financial assistance for the acquisition, rehabilitation, construction, refinancing, extension, replacement, maintenance, repair or leasing of any rail facility. The 2005 legislative session amended Iowa Code 327H.20 by assigning all repayments of IRFA and other Iowa DOT rail assistance loans to the Rail Revolving Loan and Grant Fund. In 2006, a state appropriation of $235,000 was added to the program. In 2007, $2 million was appropriated to support rail development and job growth.

The impact of interest-rate subsidies on long-term household debt: Evidence from a large program

The responsiveness of long-term household debt to the interest rate is acrucial parameter for assessing the effectiveness of public policies aimedat promoting specific types of saving. This paper estimates the effect ofa reform of Credito Bonificado, a large program in Portugal that subsidizedmortgage interest rates, on long-term household debt. The reform establisheda ceiling in the price of the house that could be financed through theprogram, and provides plausibly exogenous variation in incentives. Usinga unique dataset of matched household survey data and administrative recordsof debt, we document a large decrease in the probability of signing a newloan after the removal of the subsidy.

Prime property institutions for a subprime era: Toward innovative models of homeownership

This Article breaks new ground toward contractual and institutional innovation in models of homeownership, equity building, and mortgage enforcement. Inspired by recent developments in the affordable housing sector and other types of public financing schemes, we suggest extending institutional and financial strategies such as time- and place-based division of property rights, conditional subsidies, and credit mediation to alleviate the systemic risks of mortgage foreclosure. Two new solutions offer a broad theoretical basis for such developments in the economic and legal institution of homeownership: a for-profit shared equity scheme led by local governments alongside a private market shared equity model, one of "bootstrapping home buying with purchase options".

Leasing como alternativa de financiamento de empresas em Cabo Verde - Análise prática de efeitos económicos, financeiros e contabilísticos

Criar mecanismos que produzam e dinamizem o alcance de novos produtos financeiros surge como uma condição necessária para estimular o investimento. Além das condições intrínsecas próprias de uma economia o financiamento é quase que a espinha dorsal para favorecer o desenvolvimento e crescimento económicos. Diversificar as fontes de financiamento para que estas se adaptem à realidade económico-financeira das empresas é essencial, pois não só possibilita o crescimento das empresas nacionais, mas também cria um ambiente de negócios propício ao investimento externo. Convicto da relevância, o presente trabalho tem como escopo uma temática que a nível nacional pouco se tem abordado: trata-se locação financeira que na gíria financeira é entendida por leasing - que de forma sintética se traduz num contrato pelo qual uma das partes concede à outra o gozo temporário de uma coisa contra uma retribuição, e que posteriormente pode ser adquirida, num prazo convencionado, mediante pagamento de um preço determinado ou determinável, nos termos do próprio contrato. O enfoque está em estudar a relevância assumida pelo leasing enquanto fonte de financiamento de médio e longo prazo, no contexto cabo-verdiano, comparativamente à outra fonte – empréstimo bancário de médio e longo prazo. O trabalho reveste-se de uma componente teórica e uma prática. Na componente teórica trata-se do tema no geral, abrangendo uma resenha histórica, o enquadramento legal, das sociedades de locação financeira e dos contratos de locação financeira, tratamento contabilístico, as características específicas que se associam ao tema em apreço e igualmente uma breve análise fiscal. A parte prática desenvolve uma análise comparativa do leasing com o empréstimo bancário de médio e longo prazo onde foram retiradas as conclusões chegadas com o estudo. Resumidamente, pode-se que o leasing é certamente uma das melhores opções de financiamento não só para empresas como igualmente para clientes particulares, sendo, uma opção rápida, simples e vantajosa para o cliente bancário, especialmente se o facto de a propriedade do bem não pertencer ao titular do leasing não causar qualquer incómodo. Create mechanisms that produce and streamline the range of new financial products emerges as a necessary condition to stimulate investment. In addition to its own intrinsic conditions of an economy funding is almost the backbone to promote economic development and growth. Diversify the sources of funding for these adapt to the reality of the economic-financial firms is essential because not only enables the growth of domestic companies, but also creates a business environment conducive to foreign investment. Convinced of the relevance, this work is scoped to a theme that nationally there has been little discussed: it is leasing in slang that is understood by financial leasing - which synthetically translates into a contract whereby one party grants to the another the temporary enjoyment of a thing against retribution, and that can later be acquired within the agreed upon payment of a specified or ascertainable under the contract. The focus is on studying the relevance assumed by leasing as a source of financing medium and long term, the Cape Verdean context, compared to other sources - bank loan of medium and long term. The work has a theoretical and a practical component. In the theoretical part it is the theme in general, covering a historical perspective, the legal framework, the leasing companies and financial leasing contracts, accounting treatment, specific characteristics that are associated to the topic at hand and equally a brief fiscal analysis. The practical part develops a comparative analysis of leasing with bank loan of medium and long term which were withdrawn with the conclusions reached with the study. Briefly, it may be that leasing is certainly one of the best financing options not only by companies as also by private customers, being a fast, simple and profitable for the bank customer, especially if the fact that the ownership of the property does not belong the holder of the lease does not cause any discomfort.

Measuring and explaining farm inefficiency in a panel data set of mixed farms

This paper aims to estimate a translog stochastic frontier production function in the analysis of a panel of 150 mixed Catalan farms in the period 1989-1993, in order to attempt to measure and explain variation in technical inefficiency scores with a one-stage approach. The model uses gross value added as the output aggregate measure. Total employment, fixed capital, current assets, specific costs and overhead costs are introduced into the model as inputs. Stochasticfrontier estimates are compared with those obtained using a linear programming method using a two-stage approach. The specification of the translog stochastic frontier model appears as an appropriate representation of the data, technical change was rejected and the technical inefficiency effects were statistically significant. The mean technical efficiency in the period analyzed was estimated to be 64.0%. Farm inefficiency levels were found significantly at 5%level and positively correlated with the number of economic size units.

Interbank comptetition with costly screening

We analyse credit market equilibrium when banks screen loan applicants. When banks have a convex cost function of screening, a pure strategy equilibrium exists where banks optimally set interest rates at the same level as their competitors. This result complements Broecker s (1990) analysis, where he demonstrates that no pure strategy equilibrium exists when banks have zero screening costs. In our set up we show that interest rate on loansare largely independent of marginal costs, a feature consistent with the extant empirical evidence. In equilibrium, banks make positive profits in our model in spite of the threat of entry by inactive banks. Moreover, an increase in the number of active banks increases credit risk and so does not improve credit market effciency: this point has important regulatory implications. Finally, we extend our analysis to the case where banks havediffering screening abilities.

Ethics and creative accounting: Some empirical evidence on accounting for intangibles in Spain

Recent research shows that financial reports are losing relevance. Mainly thisis due to the growing strategic importance of intangible assets in theperformance of a company. A possible solution is to modify accounting standardsso that statements include more self-generated intangible assets, taking intoaccount with their inherent risk and difficulty of valuation. We surveyed loanofficers who were asked to assess the credit-worthiness of a hypotheticalcompany. The only information given was a simplified version of financialstatements. Half the group got statements where research and development costshad been capitalized. The other half got statements in which these costs hadbeen treated as an expense. The findings show that capitalization wassignificantly more likely to attract a positive response to a loan request. Thepaper raises the question of whether accounting for intangibles might providemanagers with one more creative accounting technique and, in consequence, itsethical implications.

Are tax subsidies for private medical insurance self-financing? Evidence from a microsimulation model for outpatient and inpatient episodes

This paper analyses whether or not tax subsidies to private medicalinsurance are self-financing by means of a structural approach. Weconstruct a simulation routine based on a microeconometric discretechoice model that allows us to evaluate the impact of premium changeson the utilisation of outpatient and inpatient health care services. Wesimulate the 1999 Spanish tax reform that abolished the tax deductionfor expenditures on private health insurance using a representativesample of the Catalan population. Prior to this reform, foregone taxrevenue arising from deductions after the purchase of private insuranceamounted to 69.2 M. per year. In contrast, the elimination of thesubsidies to private policies is estimated to generate an extra costfor the public sector of about 8.9 M. per year.

Socio-economic inequalities in health in Catalonia

In this paper we measure the degree of income related inequality in mental health as measured by the GHQ instrument and general health as measured by the EQOL-5D instrument for the Catalan population. We find that income is the main contributor to inequality, although the share of inequality in mental health that can be explained by income is much greater than the corresponding share of inequality in general health. We also find that the variation in demographic structure reduces income related inequality in mental health but increases income related inequality in general health. The regional variations in both instruments for health are striking, with the Barcelona districts faring relatively bad with respect to the rest of geographical areas and Lleida being the health region where, all else held equal, the population reports the greatest level of health. A big share of inequality in the two health measures, but specially mental health, is due to the favourable position in both health and income of those who enjoy an indefinite contract with respect to the rest of individuals. We also find that risky working conditions affect both health measures and are able to explain an important share of socio-economic inequality.