The Impact Of Bankruptcy Declaration On The Bankrupt

Bankruptcy declaration is the symbol of the initiation of the bankruptcy proceedings. And after the bankruptcy declaration, the debtor shall become a bankrupt, whereby bankruptcy property and bankruptcy creditor's right will be generated, the bankruptcy trustee will take over the bankrupt enterprise, and the bankruptcy declaration will generate a series of legal effect both in terms of entity and procedure. This thesis lays an emphasis on describing i.e., the restriction on the personal rights and property rights of the bankrupt after the bankruptcy declaration, and the impact on the civil activities of the bankrupt before bankruptcy declaration. This thesis is made up of 30,000 characters, which are divided into 5 chapters in addition to "Introduction" and "Conclusion":Chapter 1 Overview. It makes a brief introduction on the concept, function, nature, and cause of bankruptcy, as well as current bankruptcy laws and regulations in our country.Chapter 2 Personal rights of the bankrupt and relevant personnel after bankruptcy declaration. It mainly describes the restriction on personal rights of residence and communication, etc. of the bankrupt after bankruptcy declaration.Chapter 3 Civil activities by the bankrupt after bankruptcy declaration. First, it describes the legal significance of the deprivation of the management and disposal of the bankrupt properties of the bankrupt, it is not that the bankrupt shall not dispose of the bankrupt properties, it shall be broadly understood that the bankrupt shall not perform legal activities with the bankrupt properties. Secondly, this Chapter describes the effect of the civil activities performed by the bankrupt after bankruptcy declaration (relative invalidity). In the third place, this Chapter deals with exceptions to the principle of "relative invalidity), and lays emphasis on the application of the bona fide acquisition system in the bankruptcy law. And it describes legal effect of relative invalidity, and presents that even though the damages caused by invalid activities of the bankrupt are the claims formed after the bankruptcy declaration, it shall be used as the bankruptcy creditor's right. Chapter 4 Deeds not yet performed at the time of bankruptcy declaration. This Chapter first illustrate that the trustee in bankruptcy have the right to declare termination or continued performance of deeds established prior to the bankruptcy declaration. In the second place, general principle of the termination or continued performance of the deeds is divided into 3 ways on the basis of the status of the performance of the deeds. Thirdly, it studies the legal effect of the choice of termination of contracts by the trustee, i.e., the contract termination in the broad sense, which includes contract termination and expiration. Lastly, it make specific discussions on the disposition of different types of contracts of lease contract, processing contract, labor contract, consignment contract and purchase contract (sales for which registration has not been made for the change in ownership, transactions where the ownership is reserved, and transactions that has been initially registered), etc.Chapter 5 civil activities of the bankrupt prior to bankruptcy declaration. It first introduces the dispute on the invalid activity system and the cancellation right system. Secondly, it describes laws and regulations of all nations, and then describes the scope of cancellation right in details in specific types, and addresses several special questions of the application of the cancellation right (cancellation of the implementation activities, cancellation of pledges established, computation of special period as stipulated in the bankruptcy law, and the protection of the third-party interest). In the third place, it discusses the manner of the application of the cancellation right. Lastly, it describes legal effect after the application of the cancellation right, and comparatively studies the dissertation of overseas scholars on invalid civil activities and cancelled...