On Credit Subscribed Capital

Along with market economy gradually developed, trade is more and more frequent, the creditor status get greatly increase. Due to the realization of the creditor's rights with great probability, makes the value of claims may be affected by various factors and at risk. The former law 24 enumeration of capital contributions of the shareholders will be limited to five explicit claims, will exclude capital. In 2005, after the company law amended in the first paragraph of the capital contribution for claims 37 of the provided a legal basis. The revised law allows to debt capital contribution, although no specific conditions, due to the difficulty in making practical operation, this needs capital of claims the condition, type and relevant laws and regulations of research and analysis.The first chapter of debt capital contribution by the concept and characteristic of analysis, comparative analysis of different concept definition is described on the basis of contribution to the meaning of creditor's rights, the creditor's rights for capital contribution of comparative analysis, and depth of the two main contribution types creditor. The second chapter through analysis and comparison of the capital credit and assets of the credit, eliminate capital contribution of claims on the view of barriers; Use comparison of the methods of the value of the capital on the creditor, the author found what advantages in bond practice where the risks of creditor's rights and the value of capital contribution towards the future to analysis. Chapter 3 from analysis of assignment of the obligee's right, discusses the contribution should satisfy creditor legal requirement, analysis of lattice contributive creditor's rights, mainly discusses optimal contribution that the optimal lattice is funded and close-fitting to the creditor's rights, grid of investors in capital filled the responsibility, the joint liability and investor contributor between the responsibility of breach of contract, this paper analyzes the creditor fails to fulfill or capital contribution by partial performance, person's legal responsibility. Chapter 4, from the legislative and judicial practice two aspects to our contribution system of creditor's rights situation analysis, in analyzing the basis of capital contribution value creditor's claims, the authors of the defects and cannot fundamentally negative social economic life of claims the objective demand.