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On The Security Interest In The Insolvency Proceedings

Posted on:2010-08-05Degree:MasterType:Thesis
Country:ChinaCandidate:S Q TangFull Text:PDF
GTID:2206360275992801Subject:Law
Abstract/Summary:PDF Full Text Request
Besides the preface, there are four parts that compose this article. The first part is principles about disposal of security interests in the process of bankruptcy, including security priority of property; rules priority; equity principle and efficiency priority. The second part is about how to resolve guarantee right in bankruptcy process, including general guarantors'limitation on creditors in bankruptcy; when the debtor goes bankrupt, the general guarantor and creditors declare the cis-position of creditor's rights and the creditors'obligation of noticing to general guarantor. The third part is to tell the treatment on guarantee of property in bankruptcy process, which can be divided into two parts, one is third people provides the guaranty incumbrance, the other one is the debtor provides the guaranty incumbrance. The last part is how to cope with the rights and interests when guarantee creditor's rights and incumbrance exist at the same time in bankruptcy process.
Keywords/Search Tags:Bankruptcy, Guarantee, Incumbrance, Not really related duty
PDF Full Text Request
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