Case Study Of Bankruptcy Rescission Right

Bankruptcy is the last stand of the termination of the qualification of a legal person.When companies on the verge of bankruptcy, Some shareholders shareholder might actcontrary to fair conduct prejudicial to the interests of creditors,such as divide the enterpriseproperty or evade the debts maliciously. Enterprise bankruptcy revocation right system revokedebtor’s misconduct which is implemented by debtor to harm creditors rights within thestatutory period after the start of the bankruptcy process, thus ensuring maximization ofproperty rights and the protection of the bankruptcy creditors repayment of equality. Statesbankruptcy law explicitly provides for the bankruptcy rescission right system,our bankruptcylegislation also modify and improve the enterprise bankruptcy revocation rightsystem.However in practice, the bankruptcy rescission right system still exists a lot ofcontroversy and problems.On the basis of the bankruptcy case of Beijing power capacitor factory, this paper mainlyinvestigates on China’s bankruptcy revocation right system through studying on the focuses ofthe case and analyzing relative legal issues.The paper is divided into four parts:Part one is a brief introduction of the basic facts, including the reason for the incident,and briefly describe the main act of the original defendants and other facts and circumstancesof the court’s decision.Part two mainly focuses on the main issues of the case.This article refers to the case ofthe bankruptcy revocation right case occurred in2007, although it happened seven years ago,but the contentious issues arise is still discussion and analysis: the judgment on the individualsettlement in critical period and the exceptional cases of the bankruptcy revocation right,andso on.Part three is,the author analyzes the origin, the nature of bankruptcy law and the legalright to revoke the law on the bankruptcy revocation right from legal theory and regulations,Simultaneous analysis of the legal elements and the enforcement of the bankruptcy revocationright,also including the application in the bankruptcy law and the relevant judicialinterpretations.Part four is put forward some advices to improve the bankruptcy revocation right systemon on the basis of analysis of the relevant issues involved in the case and the status of thebankruptcy revocation right system right in China, including the following: setting up fallbackprovisions about the bankruptcy revocation right, setting up the different critical period for different revocable behavior, improving the revocable behaviors’s constituent elements, andfurther refining the behavior of individual exceptions of the repayment behaviour.