The Study On The Scope Of The Bankrupt Property

The bankrupt property is the basis of the bankrupt distribution,the amount of which concerns about the creditor's interest directly.The debtor has to cease the usual business activities during the bankruptcy proceedings, so it is very important to define the scope of the bankrupt property at the beginning of the proceedings,which is also helpful to realize the value of the bankruptcy law.The scope of the property not only relates to the debtor's property at the time of the bankrupt appliance,but also has the relations with the third persons.The bankruptcy law should both protect the creditor's and the third person's interest when defining the scope of the bankrupt property.The third persons who have the property relationship with the debtor should not shoulder unreasonable risk or damages and should be protected equally,without any discrimination.Introduction.Drawing the study objection of this paper,telling the meaning of defining the scope of the bankrupt property.It explains the study methods of this paper,trying to systematize the bankrupt property,dealing with the relation between the debtor and the third persons with the perspective of equal protection.And introducing both advantages and disadvantages of the paper.Chapter one:the bankrupt property and its principle of scope.In this chapter,it introduces the different conceptions about the bankrupt property and then discusses the legal nature of the bankrupt property.It discriminates the conceptions between the 'the property of debtor' and the 'the bankrupt property'.And it briefly explains the two principles according to which it can decide the scope of the bankrupt property:the fixed or the expansion principle and the personal or the territoriality principle.Chapter two:the legislative principle of the bankrupt property and its systematizing.The points are about the character of the bankrupt proceedings and its influence on defining the scope of the bankrupt property.How to define the scope of the bankrupt property is the important part in the bankrupt law when dealing the relations and the interest between the debtor and creditors.The system of the bankrupt property scope can be divided into static system and dynamic system.In this chapter,it also discusses the systematization of the bankrupt property,and elaborates the meaning of the equal protection principle in the systematization.Chapter three:the static system of bankrupt property.It analyzes the old bankrupt law,comments the views about the static system.And then it probes into the special bankrupt property under the related law.Chapter four:the inflow of the bankrupt property.The inflow system is a part of the dynamic system.This chapter emphasizes to analyze the contract which has not been fulfilled by both parties and the objection of the revocation right,from the perceptive of equal protection,with the comparative method.Chapter five:the outflow of the bankrupt property.The inflow and outflow of the bankrupt property both are parts of the dynamic system.This chapter views the special systems in the bankrupt law under the principle of equal protection,such as the seller's recall right,exemption right,the priority and the set-off right.Conclusion.The bankrupt property is a very abundant and complicated topic.It is necessary and meaningful to systematize the bankrupt property,both in the theory study and the judicial practice.The standard of the systematization should be reasonable both in form and in value.And the bankrupt property system in the Chinese bankrupt law should be amended and perfected.