The Research On General Recall Right In Bankruptcy

The Bankruptcy Recall Right refers the right that the owner of the property which doesn't belong to the bankruptcy received by bankruptcy trustee can withdraw his property, not through the bankruptcy procedure. Today, the bankruptcy system protects every side's right in bankruptcy procedure and the Bankruptcy Recall Right is one of the most important systems to realize this kind of protection fairly. It functions that it restores the property to the owner and it's a remedial measure to solve the problems of mistaking other's property for insolvent property. The Bankruptcy Recall Right maintains the owner's legal right, as well as insures the bound of the insolvent property accuracy and rationality, that it possesses meaning and necessity. Today, all the countries Bankruptcy Law includes the Bankruptcy Recall Right. In the theory and practice, the Bankruptcy is divided into General Recall Right and Special Recall Right. Our country's Bankruptcy Law provides Bankruptcy Recall Right as well, but there are still some problems in this system, including the oversimplified regulation and the poor feasibility. Thus, to insure the market economic order run well and to protect the owner's right, it is meaningful to research Bankruptcy Recall Right further. In this paper, the writer chooses the General Recall Right as the research object. Begin from the basic theory of the Bankruptcy Recall Right, then the writer analyze the basic of the General Recall Right and discuss the relative disputed problems of General Recall Right in theory and practice. At the end, the writer gives proposal to the system construction of our country's Bankruptcy General Recall Right. To be specific, the paper is divided into four parts:The first part is about the summary of the system of Bankruptcy. In this part, the writer introduces the conception, property and character of Bankruptcy Recall Right, discusses the value of the right in Bankruptcy Law, then, points out that the research object is Bankruptcy General Recall Right.The second part is about the analysis of the right foundation of the Bankruptcy Recall Right. The writer discusses the right foundation of the Bankruptcy Recall Right, including the Ownership, the Usufruct of the property and the Real Right Guaranteed, the recall right of restitution, and discusses the ownership reservations, the alienation surety, entrust act .As well, the writer discusses the problems of recall right in processing contract, financing tenancy contract and authorized trade contract.The third part is about the analysis of the problems in the exertion of the Bankruptcy Recall Right. There are about the exerting subject, the relative object, the conditions, the manner and the restrict of the exerting process and relief.The last part is about the proposal the writer puts forward to perfect the Bankruptcy Recall Right system. Based on the analysis forward, the writer gives the relative advice aiming at the legislation actuality of our country, including the fit time of exerting the right, the time limit of exerting the right and the import of the Recall Right of the compensation and so on,There are three research methods used in this paper. Firstly, there is demonstration analysis method used in this paper. The writer clears up the conception, character and quality of the Bankruptcy Recall Right, aiming at clearing up the relation of the relative conceptions in logic. Secondly, there is comparing research method used many times in the whole paper including fore-and-aft comparison and transverse comparison. On the base of the comparison, the writer puts forward the standpoints. Thirdly, there is value analysis method used to analyze the basic value of the bankruptcy legislation.Through the writing of this paper, the problems brought forward and solved, and the proposal put forward, the writer hopes it would be helpful to the bankruptcy legislation of our country.