The Study Of The Creditor 's Rights Investment To The Third Party

In the modern market economy, the creditor's rights and the property rights of dominance is increasingly highlighted. The creditor's rights investment to a third person as a kind of creditor's rights investment way is different from the creditor's rights investment to the company. Because its special legal obstacles in the theoretical circle is controversial, so how to ensure capital contribution of creditor's rights in place and to ensure the rights and interests of shareholders, should be solved, if the creditor's rights to a third person wants to become the company capital.The article is combined with 2013 registered capital system of company law reform and new development of the concept of company law, which is divided into four parts except introduction and conclusion. The first part analyze from both theoretical basis and the eligibility for the feasibility of the creditor's rights investment to a third person. At first, analysis theoretical basis of creditor's rights to a third person from three aspects: Creditor's rights of property, creditor's rights transfer system, innovation and development of the theory of company law. Then In combination with the forms of investment theory, analysis the eligibility requirements of creditor's rights investment to a third person, and suitable for the creditor's rights investment types. The second part analyzes the outside countries' legislative practices of Continental law system and common law system, in order to study the measures to reduce the risk of the creditor's rights investment to a third person. The third part mainly discusses the legal obstacles in creditor's rights investment to a third person, such as right of obligatory claim?creditor's rights' non public and appoint. Then discuss the value of creditor's rights is difficult to determine from the perspectives of evaluation. The fifth part is based on ensuring creditor's rights investment in place and balance the interests of all parties, through three aspects of limited to the scope and conditions of the third person of creditor's rights investment,?investment programs and responsibility to safeguard mechanism, to ensure the smooth transformation to creditor's rights of a third person for the company's capital.