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Research On Legal Problems Of Bankruptcy Of Partnership Enterprise's Bankruptcy

Posted on:2012-11-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z WangFull Text:PDF
GTID:2216330338953955Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Partnership in bankruptcy is a bankruptcy law issues of special significance, from its inception to the partnership continues to exist in law and other civil entities to have different regulations, which will inevitably lead to its demise in the process but also with other civil entities differ, the research partner in the bankruptcy process the main legal issues involved in this most primitive mind is, in the course of the study, the main partner of bankruptcy selected the most typical course of several legal issues, which include: reasons of bankruptcy, bankruptcy and bankruptcy exemption system. It can be said of the partnership insolvent legal issues involved in these three partners are supporting the key to the whole process of bankruptcy, insolvency entities in bankruptcy because of the selected problems in the definition of partnership is facing bankruptcy played a critical limit , and this issue involves a partnership with the beginning of bankruptcy is a bankruptcy partner complex legal issues, choice of bankruptcy because of the legislative model, a direct impact on the Partnership's next bankruptcy legal issues, communication in the international that a comprehensive assessment of analysis, causes of bankruptcy in the partnership should be broad doctrine of legislative model adopted, and the reason for bankruptcy in the definition of a partnership enterprise should own the property as a reference standard, such a partnership in dealing with the partners involved in bankruptcy the issue of bankruptcy proceedings to define their own, are bankrupt, the creditors of the partnership and individual partner's creditors in the bankruptcy of the settlement were the order of claims on the principles tend to exist, a better partner in a partnership deal with the infinite joint and several liability; selected in the proceedings of bankruptcy as a major problem in China's "Partnership Law" is the right of the creditor's bankruptcy application made in general terms, nor on the partner's right to apply the provisions of bankruptcy Moreover, in general terms, in practice there are many difficulties in applying the conditions for creditors to certain restrictions and no, this partnership will certainly affect the actual application of the insolvency, bankruptcy of the partnership should be allowed on a voluntary partnership filed for bankruptcy, and partnership in the involuntary bankruptcy petition in the number and amount of the claim also made to certain restrictions, but the most important application in the bankruptcy process to seek the actual operation is simple, so that Bankruptcy of the legal system, a partnership can not become a basket case at this link; end in dealing with partners in the process of rebirth in the bankruptcy issues bankruptcy exemption system for this choice, partnership does not exist in the bankruptcy exemption issue, however, partnership is bound to be implicated in the bankruptcy joint bankruptcy partner, if a natural person as a partner after bankruptcy to resolve debt partner conflict between survival and bankruptcy exemption system should rely, as time and change people's attitudes , the liquidation of any debt or to the bankrupt is not to kill people, but better handling of the conflict between creditors and debtors so that they are in a state of harmony and ensure social stability, dealt with these issues After the debtor as a natural person but also the survival and development, in order to give the re-development of certain conditions, bankruptcy exemption system is imperative, in partnership provisions of the insolvency proceedings in such a system, whether it is a creditor, debtor or the interests of society as a whole are has a positive meaning.In this paper, the bankruptcy of the partnership in detail the main issues involved in the discussions, and in light of China's national conditions, to select the theory and arguments to be perfect, come on our partnership bankruptcy system in the establishment of the applicable point of view, focus on solving partnership the practical application of bankruptcy, so the system can better play its due role.
Keywords/Search Tags:Partnership bankruptcy, Bankruptcy causes, Bankruptcy application, Bankruptcy disclaimer system
PDF Full Text Request
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