Corporate Fraudulent Conveyances And Its Legal Supervision

As one of the oldest topic, fraudulence existed from the very beginning of human society. Since then, human people have tried to control fraudulence, but there still exists fraudulences nowadays. Corporate fraudulence is a kind of cheating phenomena along with the appearance of the organizations of corporations. As a worldwide problem with a tendency of pervasion, corporate fraudulence has already drawn the attention of experts in legal field. With the establishing of modern enterprise system in China, corporations are gradually becoming the leading position in economic domain, thus the harmfulness of corporate fraudulence is increasingly sticking out. As one of the most widely used format, CFC (corporate fraudulence conveyance) refers to all kinds of conveyances that are transferred under the name of corporation and with the purpose of delaying, obstructing and cheating creditors. CFC not only harms the interests of the creditors severely but also challenges the basic principle of market economy. Although many countries have made laws, it is difficult to eliminate CFC because of its concealment and licit appearance: it manifests in many kinds of forms and indwells in all kinds of corporate transactions. The key point to this problem is to intensify its theoretic studies, that is, to analyze its manifested appearances, to post its essence, to consummate the legal system to limit CFC.The thesis consists of five parts:Part One (Chapter I, II,) makes the legal analyze of CFC dealings, namely it studies the meanings of CFC dealings, its legal characteristics, its composing elements, its rootstock, its social harmfulness and concrete manifested appearance. All of these are the precondition and foundation of legal manipulation of CFC dealings.Part Two (Chapter III) studies the legal systems of CFC dealings from the historical perspective. By reviewing its history and the legislative situations in different countries, the Part reveals its developing law of legal manipulation of CFC dealings.Part Three (Chapter IV, V, VI) studies the systematic control of corporate fraudulent conveyances. It analyses and evaluates the function, value of the concrete systems and principles of civil law, corporate law, bankruptcy law in the process of controlling CFC.Part Four (Chapter VII) analyses the legal obligation of CFC. There are mainly two kinds of legal controlling of CFC: one is to devise the system to formulate the main body of the action; the other is to punish...