The Seller Recall Right Of Bankruptcy Law

The Bankruptcy Recall Right system plays an important role in thebankruptcy law.In the theory Bankruptcy Recall Right includes CommonRecall Right and Special Recall Right,the Common Recall Right refers theowner of the property which does not belong to the bancrupt shall take theproperty back after the bancruptcy procedure begins.Besides the CommonRecall Right,there are several other recall rights in the law to protectthe relevant transaction parties.In Corresponding to the common recallright these recall rights are called sepecial recall right. The sepecialright includes seller recall right, compensatory recall right andcommission recall right. Article39in the existing bankruptcy law is thefirst time to make a clear regulation about the seller recall right andplays an important role to protect the interests of seller.The focus ofthis paper is the seller recall right system. The so-called seller recallright system refers that when the bankruptcy procedure begins, the sellerhas shipped the goods,when the buyer have not yet received the goods norpay the payment for goods,the seller shall have the right to take the goodsback.Many countries in the bankruptcy law system have made the detailedprovisions about the seller recall right.In compared with other countries,the existing law of our country is relatively simple,which leadsto occur a lot disputes and problems in juridical practice.Therefore,in order to protect the interests of seller and ensure thebankruptcy procedure fair,orderly conducted,it is of great practicalsignificance to discuss the seller recall right system.This thesis shallanalysis the problems in the juridical practice and provide feasiblelegislative advice by discussing the basic theory of the seller recallright and domestic and foreign legislation.The first part introduces the seller recall right briefly.First,itintroduces the source,conception and characteristics.Then,it underlinesthat the nature of the seller recall right is a new type of property rightsregulated by bancruptcy law.At the same time,it distinguishes the sellerrecall right from other relevant conceptions.The second part is about the performance of the seller recall right.Itintroduces the target object,excersize term and excersize way and analysesthe constitutive requirement.It is helpful to make a correct understandingabout "what is the long distance trade,material in transit".The third part is the focus of this paper,which introduces the limitsto excersize the seller recall right.It is clear that there is necessaryconnection between the excersize of the seller recall right and ownshiptransfer by discussing the ownship transfer and risk burden. In themeanwhile,it put forward that the law should make a balance among theinterests of the seller,bankruptcy enterprise and the third party.Theseller shall protect the own interest according to the compensatory recallsystem when the subject matter have been damaged or transferred to a thirdparty. The forth part puts forward some legislative proposals,for example,compensatory recall right and commission recall right shoule be set up toresolve a series of problems in juridical practice.