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On The Limited Partnership Interests Of The Creditors, Protection Of The Law

Posted on:2008-06-24Degree:MasterType:Thesis
Country:ChinaCandidate:Y D ZhanFull Text:PDF
GTID:2206360212486103Subject:Economic Law
Abstract/Summary:PDF Full Text Request
As every coin has two sides, on the one side, Limited Partnership is a kind of enterprise form meeting with the requirement of market economy; but on the other side, its classifications harmed and the risks confronted the creditors increase. Based on the analysis, the legislators have to consider, from the perspective of fairness, the issue of how to fully protect creditors' interests and accept Limited Partners at the same time.Using the comparative methods, this thesis has systematically and comprehensively researched into the protection of the creditors of Limited Partnership, aiming to provide legislative advice on the perfection of Chinese Limited Partnership law.This thesis consists of four chapters:In Chapter 1, this thesis has firstly introduced the definition and classifications of Limited Partnership and its characteristics compared with partnerships and companies. Then it has explored the history of Limited Partnership, the reasons for its emergency. Besides, the legislation of Limited Partnership in other countries has also been explored. This chapter is the guide for the whole thesis. The exploration of the basic issues of Limited Partnership, especially of the characteristics has laid the theoretical foundation for analyzing the risks of creditors' interests.Based on Chapter 1, it has, in Chapter 2, analyzed the risks of creditors' interests of Limited Partnership. The analysis of creditors' risks of interests of Limited Partnership has laid the theoretical foundation for establishing the protective systems of creditors of Limited Partnership.On the basis of the analysis of risks of creditors' interests in Chapter 2, it has introduced and summed up, in Chapter 3, the legislation on the protection of Limited Partnership's creditors in other countries. It consists of two layers: protection of average creditors and the special protection of Limited Partnership's creditors.In Chapter 4, it has introduced the status quo of Chinese legal system regarding Limited Partnership and based on that, some suggestions have been put forward for the sake of the perfection of its legislation.
Keywords/Search Tags:Limited Partnership, protection of creditors' interests, limited liability
PDF Full Text Request
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