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Legal Study On The Creditor's Right Investment

Posted on:2012-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:X L LiFull Text:PDF
GTID:2216330368488336Subject:Economic Law
Abstract/Summary:PDF Full Text Request
With the development of social economy, the tendency of creditor's rights being the investment tool has been more obvious than never before and has become the main forms of the social wealth. With the diversity of the share holders'investment means, the possibility of creditor's right being a form of company's capital has been an academic issue home and abroad. Creditor's right investment, as a form of social wealth, can not only make full use of the economic resources, but also can promote the economic development. On the other hand, owing to the characteristic of being comparative, flexible and difficult to evaluate, creditors' rights being a form of investment has its adverse impact, which is also the reason why some scholars hold negative opinion about it. Company Law in china only makes a general regulation about the creditor's rights investment. Thus, in order to promote the economic development and make full use of the positive impact of the creditor's right investment, the Company Law needs to be perfected on part of this issue, based on the theories about this subject and the reality since the implication of the policy of reform and open, as well as the experiences of the foreign countries, this thesis aims to make a comparative study on the different regulations of the creditor's right investment between the common law countries and civil law countries. This dissertation emphasizes the change of the legal system on the creditors'right investment of the civil law countries, from strict prohibition to comparative loose. The economic development encourages the aim of the capital system of the company to change from deal protection to high efficiency of the capital use. The policy of the creditor's right investment should be included in the legal capital system and be protected by the law. However, owing to the characteristic of the creditor's right, the risk control system will be needed. This thesis aims to make a concept design of the legal system of china on the creditor's right investment from three perspectives, the regulation for the scope of the creditor's right, the perfection for the procedure of creditor's right investment and the creditors'duty and responsibility.
Keywords/Search Tags:Creditor's right, Creditor's right investment, Risk control
PDF Full Text Request
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