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On The Objective And Subjective Restraints For The Object Of The Revoking Rights In Bankruptcy Law

Posted on:2008-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360212976875Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The clauses of the 2006 Bankruptcy Law are regarded quite abstract in the present thesis because of its lackage of specific requirements and restraints. Thus, the insolvent trustee will adequately exercise and even abuse this right very possibly, by revoking all the acts that seem to be contained in this article.However, in the common business activities, the acts of the creditor and debtor are likely to be for the normal operation of the enterprise or out of subjective good intentions. Should all these acts be revoked without discerning, the interest of the "innocent" creditors would be negatively influenced. What's more, it would become very difficult to eliminate the misgivings of the creditor that their dealings could be revoked. Consequently, the normal business efficiency and business securities will be violated.Therefore, the author suggests to make exemptable restraints on the revocable subjects with consideration for the interest of those party who...
Keywords/Search Tags:revoking rights in insolvency, restraint on rights, counter-performance, good intentions
PDF Full Text Request
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