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On Other Ex-rights System

Posted on:2007-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:X F ChengFull Text:PDF
GTID:2206360212970305Subject:Law
Abstract/Summary:PDF Full Text Request
Creditors first priority is not in bankruptcy proceedings, and by the insolvency of a particular property or property rights laws alone compensation. Bankruptcy law is not the first priority for the creation of entities right, but not the bankruptcy of certain entities the right to special treatment. The first priority is the continental title of national bankruptcy laws, the bankruptcy law in common law countries, as a proprietary secured claims. Bankruptcy law adopted common law have argued that as a proprietary secured claims. The author attempts to give first priority in the bankruptcy law to explore issues related to the history and the best first priority for improving the program.The full text is divided into four parts, a total of 37,880 characters.1.Exclusive - rights legislation values. Papers think the first priority legislative value in the two main factors :First one is bankruptcy prevention system ;Second is bankruptcy relief system .Taking the above factors affecting the first priority adjustment model,The first priority system to prevent insolvency values can be divided into three types : Protected Mode first priority extreme, extreme restrictions first priority mode, with the first priority restrictions on the combination of protection mode.2.Enlightenment representation on the national bankruptcy law first priority .Enlightenment representative to theses countries (Britain, the United States Department of common law countries, France, Germany, Japan, between civil law countries), the first priority legislative value and the design of a system for comparative analysis, the author tries to find out about the rest of the world compared to the first priority protected mode differences trying to improve the bankruptcy law in China can learn from the first priority for the legislative system.British papers focused on bankruptcy law and the system of payment of hesitation, the United States bankruptcy law to stop the automatic system, the maintenance of French bankruptcy law procedures, and security for the German insolvency law, the law on bankruptcy of Japan's economic rehabilitation system. First because the first priority system in Germany, so the papers first priority of the German insolvency law introduced more systematic and comprehensive.
Keywords/Search Tags:Exemption Rights, Guarantee real right, Exertion of Rights
PDF Full Text Request
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