A Legal Study Of The Company's Discrete And The Creditor's Protection

Company's discrete essence is the revitalization of company's property right structure, repartition of the assets. Company, no matter which kind of point of the cube types are adopted, its result will cause the change which change , property of company's main body occupy , whether but no matter how 's change, discrete to direct legal consequence that creditor produce company have. The change takes place in the subject of the original debt, the assets separate from the debt. Too just because of this, practice some company when borrowing discrete, unsettled is it abolish situation of debt take place occasionally to escaping. So, an important problem in it is discrete in company how to protect creditor's interests. This text tries this question in order to probe into, the first part of the article is a basic research to this problem, in order to put forward the question; The second part of debts of discrete company of the article is adopted as heir, the third part of creditors protects the procedure , the fourth part The creditor's entity protection , procedure protects and relieve the system to analyse concretly afterwards in company's discrete invalid system will be discrete , among them the second part is a focal point of this text; The last part is to propose this some of improving the legislation of question. My key view is: The company is discrete while it is essential to protect to its creditor's interests, the ones that should pay attention to protecting are appropriate too, under this principle , not merely want to absorb other countries' advanced legislative experience when being relieved to the creditor's entity protection , procedure protection and law, need to combine the economic development of our country and real national conditions even more, should especially consider the legal operation in practice. I have used such research approaches as induction , comparative law ,etc. to describe the proposition of this text synthetically, only hope that can give the scholars a little inspiration through the detailed argumentation of this text, give the clue of thinking of one o'clock of the legislative , administration of justice.