Research On The Protection Of Credictors In Affiliated Transaction

Related party transaction is market economy very prominent phenomenon of a transaction, it can promote affiliate a deal quickly, saving transaction cost, beneficial to the parties to the related transaction. But at the same time, the related party transactions has its unique characteristics, prone to damage the minority shareholders, creditors and other interested persons. The aim of this paper is to to understand the related transactions in China damage creditor status based on, combined with foreign creditors in affiliated transaction of relief principles and measures, and stand in the legislative situation in our country and the situation of our country, the discussion of related party transactions of creditor protection way.This paper is divided into four parts except the preface. The first part based on the related concept of related transactions are explained, which lays the theoretical foundation for the study on the protection of creditors in affiliated transaction. The second part of the related transactions of creditors’interests in the form of damage and influence are analyzed, the necessity of the protection of creditors in the current transaction, which provides the theoretical basis for the protection of creditors in affiliated transaction approaches. The study of foreign law creditor protection system related transactions in the third part, this part mainly introduces the main countries of the continental law system and common law remedies to protect the creditors in affiliated transaction. The fourth part expounds the relief of creditors’interests damage related transactions. Through the study of foreign law and as to improve China’s creditor protection related trade problems in legislation and Application Reference. Combined with the current legislation and the situation of our country, put forward related transactions in China is in the protection of creditors.