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The Study On The Law Of Bankruptcy For Natural Person

Posted on:2004-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:X W ZhengFull Text:PDF
GTID:2156360092995804Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The law of bankruptcy is an important part of economic law system in the country, which makes a main protection to the development of market economy . The provisions of the existing bankruptcy law of china, which are only applicable to business entities, is not related to other economic entities, not yet to the natural person. With the development of market economy and gradually extending international economic co-operation, the legal system of bankruptcy acting as an important part of market economic system faces a lot of challenge. To follow of the principle of equal contest and make the need of the international trend of legal construction and international custom of bankruptcy law, it is crucial to build the legal system of bankruptcy for natural person. Meanwhile, so doing also makes a perfection to the civial suit system in china and take a protection to the right of creditors and debtors.Chapter1:It is the first time to analysize the concept of "bankruptcy law of natural person". As an important adjusted subject, natural person seems to make the outstanding part in solvency law, based upon its evolutionary preceding. Moreover , the imperative and feasible bankruptcy law for natural person is disserted from the perspective of law, economy, internet, society etc.Chapter2: There are three legal modal in applicable subject of bankruptcy law at abroad. Based upon the combination of the realistic situation in china, we can adapt the sphere of bankruptcy right of civilian.Chapter3: This part attempts to explain two legal modals about the reason why natural person get bankrupt. I suggest Chinese current bankruptcy law reconcile with two legal modals.Chapter4: By analysizing bankruptcy credit as well as two legal modals in the property of estate in other counties, china should absorb their merits and get rid of their defects. In addition , it is necessary to build the system of free property.Chapter5: It talks about the proceeding nature about natural person and the proceeding system of bankruptcy law for natural person. It is the different between the procedure of bankruptcy law for natural person and the civial suit, non-suit. Then, this desertion elaborate elucidates the content of personal insolvency process and the legal supposition referring the aspects of such as the scope of estate to be bankrupt, compromise and rehabilitation, return of right.Chapter6: It dissertated that discharge and climbable in bankruptcy law for natural person. We should make out bankruptcy law perfect, and then, a formation of healthful bankruptcy organization can be hoped.
Keywords/Search Tags:natural person, personal insolvency, bankruptcy law for legal person
PDF Full Text Request
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