Research On The Unhealthy Obliyatory Right

The artcle mainly discuses the general concerned hard-nut in recent years'international and domestic debt affairswhe unhealthy obligatory right. It tries toprobe, from different vieWPoints, the applicable ciVil laws on the unhealthy obligatoryright (mainly referring to the unhealthy financial claims as detailed in the tex0 and thetwin outcome of the financial indebtedness risks. By comParison, I try to analyze thecauses of the unhealthy obligatory right both at home and abroad. Based on theresearch of traditional obligation laws and practices, I initiate the definition ofunhealthy obligatory right and its significance and put forth a series of measures tohandle the unhealthy claims and to evade financial indebtedness risks, in light of thetendency of the debt affeirs and the comPrehensive featllres of the unhealthyobligatory right. I also try to make some bredehroughs in the theories concerning thetransactions between the creditors or debtors and their share-holding comPanies andbranches, the decomPosition of debt chains and the illtegration of dividable obligatoryright. The analytic methods in the study of law and economics, comParativejurisprudence and positivism are populary aPplied in the hocle. There are some boldeXPlorations on many problems of borderine subjects in terms of the unhealthyobligatory right. While seeking fOr the theoretical innovation, I am more concernedwith the methods and possible resolutions to tackle the urgent problems in reality Inthe article, I call on the dissolve the unhealthy obligatory right as son as possible andto evade financial indebtedness risks, including the legislation for the problemsconcerning transfOrming the obligatory right into stock right and the assetsmanagement comPanies, for Which, I have put forward some constructive initiations.There are 3 parts, 7 chaPters in the article. ChaPter l and 2 mainly analyze someissues conceming the theory of civil laws, such as the significance, definition, essenceand features of the unheaithy obligatory risht and financial indebtedness risks.Chapter 3 is an analysis of their causes. From chaPter 4 to the end of the ariicle, Imainly discuss the legislative countermeasures. Anong them, chaPter 4 and 5 mainlyothe an analysis of the concerned theory of countermeasures and regUlations both athome and abroad. ChaPter 6 has specialized in the exiSted pattems of thecountermea sures -- trans forming the obligatory right into sto ck rinht or as s etsmanagement comPanies. The last chaPter puts fOrth the comPrehensivecountermeasure initiatives based on the theory of civil laws, and the theory ofborderine subjects. The subject of each chaPter is detailed as fOllows fChaPter l mainly deals with the relationship between debts and the unhealthyobligatory right and its development, as well as the significance of the research andthe major analytical methods applied.Chapter 2 makes an analysis on the defmition and essential features of the unhealthyobligatory right, especially the breach of debts. ExPlanations are made to clarify therelationship betWeen debts and responsibilities and the essence of legalresponsibilities of the unhealthy debts. Except the major analysis of postponedpayment and incomplete obllgatory right, the article also analyzes the unhealthy sub-cuitural features of the unhealthy obligatory right, especially the willful breach ofdebts, i.e., the non-credibility. Further stlldies are made to the forms of effectivenessand realization (results) of debts.ChaPter 3 makes a comParative analysis on the causes of the unhealthy obligatoryright and the financial insurance both at home and abroad. It giVes a brief descrptionof several financial crisis incurred by financial indebtedness risks at abroad, the majorcause to JaPan's foam economy --unhealthy obligatory right, and seres ofcomParisons on the causes of unhealthy obligatory right and financial indebtednessrisks both at home and abroad. This c...