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Research On Jurisdiction Of International Cross-Border Insolvency

Posted on:2012-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:B LiuFull Text:PDF
GTID:2166330335957287Subject:International Law
Abstract/Summary:PDF Full Text Request
Compare to the transnational mergers and acquisitions tide in 1980s, cross-border insolvency that appeared in 1990s and lasts until now arouses much more attention in theoretical and practical circle. There are many complex legal issues in cross-border insolvency field, mainly including jurisdiction of the courts, the applicable law, extraterritorial effects, recognition of foreign proceedings, and protection of creditors and other interested persons. In China, the research on cross-border insolvency was of late start, and the research outputs were with great emphasis on extraterritorial effects, some of which were involved with the applicable law, but less discussion on the jurisdiction aspects. However, the issues in jurisdiction should not be neglected, for jurisdiction not only decides the application of law to a large extent, but also a significant element for related courts to consider whether to recognize the foreign insolvency proceedings or not. Therefore this paper plans to analyze the conflicts in jurisdiction field, and endeavor to find feasible methods to solve correlative problems.The main body has three chapters, including the application of traditional international civil jurisdiction theory in cross-border insolvency field, the reason and the solution of jurisdiction conflicts, and legal theoretical thinking and practical analysis on China's transnational insolvency jurisdiction issues. The first part describes basic theory of cross-border insolvency in jurisdiction field and the methods to determine the jurisdiction of the courts, and points the vital meaning of jurisdiction. Then according to the basic division principles, divides the jurisdiction determination methods into two categories, which respectively is based upon territorial jurisdiction principle and personal jurisdiction principle. Then analyze and compare their separate advantages and disadvantages.The second part construes the cause in the jurisdiction conflicts of cross-border insolvency. These reasons are the international features of the case, the motion of each party to take part in a lawsuit, and the differences among different countries and their distinct judicial attitudes. Then dig into the present resolving methods in insolvency law of developed countries and related international conventions.The third part includes the insolvency legislation and basic attitude of China. Begin with current situation of our insolvency law system and the practice in recent years, explores the problems that are yet unsettled, so as to give some suggestions on jurisdictionincross-borderinsolvencyfield...
Keywords/Search Tags:cross-border insolvency, determination of the jurisdiction of courts, jurisdiction conflicts
PDF Full Text Request
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