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The Application Of Individual Settlement Rules In Bankruptcy Proceedings

Posted on:2017-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:C S DuanFull Text:PDF
GTID:2336330485954402Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Companies want to not be eliminated in the social process, it must be strictly acted in accordance with laws and regulations that can regulate and adjust their management behavior.Bankruptcy procedures is an important part of business when it is out of the market, whether the insolvency proceedings is perfect also directly related to the enterprises can be withdrawn from the market legally,In reality, many companies has been in a state of debt collection cases because of conducting the bankruptcy liquidation without according to regulates, the debtor's company eat the bitter fruit by the wrong act, but also it accordingly make the legitimate rights and interests of creditors undergo the great irreparable injury.To the extent possible regulate the debtor's wrong doing, it clearly states the right to withdraw the insolvency regime in our insolvency proceedings, and insolvency proceedings as an important component of the bankruptcy procedures,it can help the creditor rights and interests avoid hurt by adjusting the illegal liquidation of the debtor for malicious behavior timely and effectively.But the operation of the bankruptcy revocation rights are the same as the operation of other legal systems, as applicable in the process can not be perfect, the law should give recognition of the debtor's repayment behavior of some legitimate administration and fully affirmed the legal significance of the repayment behavior, solvency behavior not only does not harm the legitimate interests of various creditors, but will be the basis of the debtor's property what make more substantial, and ultimately ensure the realization of all the claims of creditors. Many foreign countries have given this situation enough attention, and give full consideration to applicable bankruptcy avoidance powers exceptions when it set up the relevant laws, but for our legislation is still not mature enough in this aspect, it failed to achieve effective regulation for the individual behavior of the current liquidity exists.The author give the comprehensive consideration through to the other countries in the bankruptcy administrator cancellation right exceptions legislation and applicable aspect,analyzed the typed on this basis, on the one hand, it can reverse the bankrupt company to destruction, on the other hand can maximize the interest of creditor protection.The author hopes to breach, relies on the partial discharge system as the main in the United States, and combined with the current legislation in China, break through the American bankruptcy legislation mode framework, discuss and explore the individual payment rules determine and apply.This article is divided into the following six parts:The first part is foreword, including two main contents: the background of the topic's selection, significance and the domestic research situation of reviews,explain why the author writes this article,including the selected topic angle, the purpose of the topicselection and so on,Based on the existing, summarized and narrated the domestic research scholar's status and viewpoint, in order to acquire different understandings derive from the view of the domestic scholars about the behavior of individual pay;The second part elaborated the basic theory of the individual settlement rules,It sums up the views of various scholars and states the origin of the concept about the discharge individual rules, through exploring the relationship between the individual payment rules and regulations, in order to strengthen the grasp of the concept and characteristics of discharge individual rules, and provided a theoretical basis for the discussion of below;The third part studies the legitimacy of discharge individual rules,increasing the persuasion about the legitimacy of individual payment rules by discussing the legitimacy of the discharge individual behavior, and apply this discharge individual rules for the practical significance of the practice activity of each subject, in order to demonstrate the necessity of the discharge individual rules does exist.The fourth part is the legislative status quo at home and abroad,through summing up the United States, Germany, Japan and other countries in legislation about eliminating bankruptcy revocation right for current rules, it analyzes the merit of the national regulation and combined with the problems existing in the legislation in our country, to create living space for individual settlement rules;The fifth part carries on the content of the fourth part, Taking example by foreign legislation and combining with the actual demand in our country, this paper detailed the necessity of individual pay related regulations, and put forward reasonable assumptions, a clear individual pay off in the bankruptcy procedure rules of the applicable conditions, and after discharge individual rules shall give the positive effects to creditors and the debtor company.The sixth is divided into conclusions,overall discussed own view,Emphasizes the debtor can be solvent to individual creditors under certain conditions, rather than a broad applied in all kinds of disputes, bankruptcy discharge individual rules apply to clear in the interests of the creditor protection, balancing the company and the interests of creditors at the same time avoid the debtor's company going bankrupt.
Keywords/Search Tags:insolvency proceedings, creditor benefit, bankruptcy revocation right, individual settlement behavior
PDF Full Text Request
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