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Study The Professional Risk Of The Bankruptcy Trustee

Posted on:2012-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:C Y ShiFull Text:PDF
GTID:2166330338959382Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
New developments of the socialist market economy demand law advanced in our country. With the law updating in China, the new enterprise bankruptcy law appearances which establishes bankruptcy manager system. It makes the legal status and authority of bankruptcy trustee statutory, which causes more and more professional risk for the bankruptcy trustee. We need make a complete analysis of the professional risk for the bankruptcy trustee statutory, master all the risk that the bankruptcy trustee may encounter, and put forward concrete measures for the bankruptcy trustee to prevent and resist the professional risk. We will create a good environment for the bankruptcy trustee to execute the bankruptcy procedure, which is helpful to realize the target value of the new enterprise bankruptcy law.The realistic significance of the text lies in the following three aspects. First, research the professional risk for the bankruptcy trustee from the standpoint of the legal status of the bankruptcy trustee. It bases on theory that can analyze the professional risk for the bankruptcy trustee more clearly. Second, if the bankruptcy trustee violates the duty of care and faithfulness, he will be liable for damages. The text is helpful for the bankruptcy trustee to prevent and resist the professional risk in practice. Third, the researching of the professional risk for the bankruptcy trustee is helpful to improve bankruptcy manager system and our law system. The focus of the text is to acquire the effective system for the bankruptcy trustee to prevent and resist the professional risk, by analyzing the professional risk. The difficulty lies in how to recognize all the professional risk from the standpoint of the legal status of the bankruptcy trustee, and put forward concrete measures to prevent and resist the professional risk.Thought of the text is that: Firstly, introduce the bankruptcy manager system, by emphasizing the interest balance of bankruptcy trustee which is badly needed in the bankruptcy procedure. Secondly, demonstrate what legal status theory our country should apply, starting from discussing the civil law system and the Anglo-American legal system legal status theory of the bankruptcy trustee. Thirdly, study the professional risk of the bankruptcy trustee, and explore the system of preventing and resisting the professional risk. The text compactly finishes the demonstration.
Keywords/Search Tags:bankruptcy trustee, legal status, authority, responsibility, liability insurance of industry, business judgment rule
PDF Full Text Request
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