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Bankruptcy Law Of Property Management Thinking

Posted on:2007-01-11Degree:MasterType:Thesis
Country:ChinaCandidate:W D ZhouFull Text:PDF
GTID:2206360185471953Subject:Law
Abstract/Summary:PDF Full Text Request
Bankrupt property, which is also called bankrupt financial group in continental law department, is divided into three parts: legal financial group, existing financial group and distributive financial group. It is an extremely important issue in bankruptcy law. Moreover, the management of bankrupt property is the most important part. Therefore, we have to clarify the basic problems of bankrupt property when we discuss the management of bankrupt property. The definition of its composition and its range is concerned with whether the procedure of bankruptcy can directly go on or not, and also concerned with the repaying interests of creditors. So, it has always been a research object that foreign law circles have been keen on, and has already made rich theory achievements. The bankruptcy law theory in continental law department have two completely opposite theories: theory of host and theory of object. In terms of the bankrupt property system abroad, which is clearly regulated, it sets up two kinds of legislative principles with the foundation of natural persons bankrupt: inflation doctrine and regular doctrine, and comparatively systematic and complete bankrupt property systems, such as freedom property system ,etc. However, when the bankruptcy law of our country is made , it is insufficient in theory, and the theory study on bankruptcy law is not deep enough , which lead to a great deal of legislative ideas are not involved in the law. The focus of this thesis the Management System of Bankrupt Property, also creates many defects which should have been avoided, and brings the cases hurting the interests of creditors and debtors, which is due to the rare absorb of the successful legislative experience and systems in foreign countries ..Because the current bankruptcy law is not uniform, not perfect, which causes the comprehensive confusion of theory circle to the basic principles and systems of the bankrupt property. And because of the viciousness of educational circles opinions and the blank in legislation, it is difficult in judicial practice to...
Keywords/Search Tags:bankrupt Property, bankrupt Financial Group, bankruptcy Law, bankrupt Manager, property System of Freedom
PDF Full Text Request
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