Research On The Exercise Rules Of The Right Of Bankruptcy Offset

The principle of offset has a long history,and the code of hammurabi of Babylon has some rules of it.The prototype of the modern sense of offset formed in the ancient Roman law.In bankruptcy procedure,there are corresponding offset system namely bankruptcy offset.The requirement of bankruptcy law is more and more higher in our society,so China successively introduced relevant legals and judicial interpretations,which improved the relevant regulations of bankruptcy offset system.But it still has some problems to be solved.Because of the rigidity and hysteresis of the law,in the judicial practice,there will be some empty area and disputed area.When the hysteresis of law is inevitable and the law can't keep up the society,we're going to use legal interpretation.This article obtains from the dozens of cases.Through the induction of the scientific dispute and the practical standpoint of these issues,we analyze the judgment method of the four elements of bankruptcy offset.Ultimately,we are trying to sort out the analysis methods of these problems.The full text is divided into introduction,text and epilogue.The body has the following three parts:The first part is the general cognition of the right of bankruptcy offset.First of all,through introducing the difference between the offset right in civil law and the right of bankruptcy offset,it summarizes the characteristic of the right of bankruptcy offset.Then,it introduces the exercise elements of the right of bankruptcy offset.Finally,it analyses the origin of bankruptcy offset system.The second part is the core part of the full text.It introduces the analysis of rule of the exercise elements.These elements include the premise elements,the main elements,the time elements and the procedure elements,etc.The analysis of the main elements includes the discrimination process of the holder of the right and the specific analysis for specific subjects,such as banks,affiliated enterprise.The time elements is to introduce the time that creditor claims offset the debts and the time creditor claims bankruptcy offset.The procedure elements is to explain the three kinds of non normal procedures.The third part is discussion on the forbidden situations of the right of bankruptcy offset.It introduces the four situations,the basis of them and the actual operation in judicial practice.