The Research On The Recall System Of The Bankruptcy Law

Bankruptcy Recall Right refers that the insolvent property received by bankruptcy trustee may comprise other's property which doesn't belong to the bankrupt, therefore, the owner of the property enjoy the right to withdraw their property pursuant not to the bankrupt procedure. It is an important kind of right system in bankruptcy law, which plays crucial role in exact differentiation of the scope of the property possessed and used by the bankruptcy trustee and the debtors, then protecting the lawful right and interests of the property owners, not the bankruptcy trustee. This right system is a general rule in the bankruptcy laws of the world. Theoretically speaking, the Bankruptcy Recall Right arises from the ownership protection theory of civil law. Besides, usufructuary rights, security interest and retention of title transactions, etc can all be the right source of Bankruptcy Recall Right. The Bankruptcy Recall Right includes General Recall Right and Special Recall Right. The bankruptcy law in China stipulates the General Recall Right, but there is no corresponding regulations about Special Recall Right, resulting in the vulnerabilities of legislation in our country and the lack of executive basis in practice. In this paper, according to legislation, case and theory of Germany, Japan,Taiwan, we deliberate the character of Bankruptcy Recall Right, its exercise and its exercise restrictions, then introduce the basic theory of General Recall Right and Special Recall Right, also indicate the elements for the consummation of General Recall Right system. For Special Recall Right system, we propose that our country should establish this recall system and put forth our insights for the perfection of the legislation of this recall system.