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Protection Of The Interests Of Creditors In Corporate Restructuring System

Posted on:2007-01-08Degree:MasterType:Thesis
Country:ChinaCandidate:N WangFull Text:PDF
GTID:2206360182990262Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As the Corporation system appeared and its scale enlarged continuously, large corporations took up more and more important positions in the social and economic life, to avoid the social turbulences arose from working failures of large corporations, many countries began to establish the reorganization system. The Corporate reorganization system aims at realizing discharge fairly and enterprise's reconstruction, mainly by restricting creditors'interests, extending the scope of the units involved, strengthening the authorities of court and so on. The system plays more and more important role on realizing enterprise's reconstruction, safeguarding the security of business, maintaining the stabilization of society and so on. But in behalf of creditors, there are two important issues which are worthy of study: one is how to make creditors realize autonomy authentically; the other is how to protect the creditors'interests effectively. This dissertation will refer to the legislations on reorganization system of America and other western countries, estimate the correlative contents in the Draft of the PRC Enterprise Bankruptcy Law, and discuss the correlative issues about corporate reorganization system and the protection of creditors'interests in the reorganization proceedings.The foreword section narrates author's consideration derived from the reorganization of Enron Corporation of America and the crisis of DeLong Corporation of China——our country desiderates legislations on reorganization system, and should pay attention to protect the creditors'interests in legislation and practice.The first section discusses the necessity of protecting the creditors'interests in reorganization system, mainly referring to two aspects: one is author's reflection from the multi- objective of reorganization system; the other is the review of the interests'state in reorganization system.The second section discusses the protection of creditors'interests in the start-up phase of reorganization proceedings. This section is not important in the dissertation, but necessary distraction, strict checkup and rational arrangement in the start-up process of the reorganization proceedings are favorable for creditors'interests.The third section discusses the protection of creditors'interests in the reorganization phase of the proceedings, mainly referring to the business institution, the restriction and protection of secured...
Keywords/Search Tags:Reorganization, Creditors'interests, Creditors'autonomy, Secured Creditors'Rights
PDF Full Text Request
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