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The Study Of System Of Running Protection In Reorganization

Posted on:2010-05-22Degree:DoctorType:Dissertation
Country:ChinaCandidate:F Q WangFull Text:PDF
GTID:1486302726481744Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Reorganization is a precise system to solve the dispute of benefits distribution. One of its goals is to realize the reorganization and reconstruction of the company who falls into difficulty time. To reach it, keeping the business running is necessary, thus the going concern value is sustained. The system of running protection is a complicated one in which the branches of the system match mutually and burden the task of running keeping together. Specifically, it includes the whole endowed privileges, the detailed restriction of rights, fully measures of abundant protection, necessarily supervision and indispensible transition of the procedure. All such ways of protection, from the endowed privilege to power control, from the right restriction to corresponding remedies, from governance inside to supervision outside, provide supports from different angles with different functions.The emphasis of this paper focuses on how to refinance. As the key factor to determine whether the protection is success or not, refinance ways should be designed thoughtfully. So, from the angle of bestowed privileges, the paper designs a series of pattern to refinance. Furthermore, it also analyzes the potential problems and implemental conditions for every different pattern. Besides, it goes ahead to interpret the question on the right restriction and considers that there is a rational theory foundation for it. Also, from the angle of benefits balance, it enlarges the content and methods of abundant protection. It points out in details that to protect the claims, ensure the benefit with no reduction is the basic method.
Keywords/Search Tags:Reorganization, Running protection, Refinance, Abundant protection
PDF Full Text Request
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