Unqualified Directors in Insolvency: A Comparative Study on the Desirability of Civil Law Directors' Disqualification in the Netherlands
Bibliographic record
Abstract
Abstract The current global economic, and therefore political, climate has given rise to legislative responses within insolvency law, aiming to increase the legal arsenal against fraudulent behaviour. A recent proposal of the Dutch government to introduce a civil law disqualification instrument is a quintessential example of this tendency. In this article, the usefulness of this proposal is questioned. The usefulness of the civil law instrument is tested by comparing it with its Dutch criminal law equivalent. Furthermore, several proposals for alteration, based on foreign counterparts, will be formulated in order to increase the effectiveness of the aforementioned arsenal as a whole. Comparisons are made with similar instruments in Australia, England, Germany and the USA. Throughout the article, it will be asserted that, in order for the proposal to optimally reflect the principles of effectiveness and its civil law nature, a reallocation of certain elements of the proposal to its criminal law equivalent is required. Copyright © 2014 INSOL International and John Wiley & Sons, Ltd
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.016 | 0.068 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.000 |
| Bibliometrics | 0.002 | 0.003 |
| Science and technology studies | 0.002 | 0.002 |
| Scholarly communication | 0.003 | 0.002 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.001 | 0.001 |
| Insufficient payload (model declined to judge) | 0.003 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".