Case Analysis Of Bankruptcy Exemption Right

The exemption right was originally established in the civil law countries,which occupies a very important position in the bankruptcy law,widespread in the provisions of bankruptcy laws in various countries.In 2007,the newly promulgated Enterprise bankruptcy Law of our country elaborated on the content of the exemption right,but it did not adopt the concept of "exemption right",nor did it explicitly stipulate such contents as the duration of the exemption,the power base and so on.In judicial practice,the lack of relevant legal basis has increased the difficulty and pressure of the courts in handling cases of exemption right disputes.This article attempts to analyze the No.73 guidance case of Supreme People's Court and compare the shortcomings of our country's system of the exemption right,in order to explore and summarize more reasonable countermeasures.In addition to the introduction and conclusion,the full text is divided into four parts.The first part mainly introduces the basic facts of the case selected in the article,the result of the court judgment and the focus of the dispute between the parties.This article selects the No.73 guidance case released by the Supreme People's court in January 2017.In this case,Tongzhou construction company signed a construction contract with Tianyu chemical company,and the two sides agreed on the completion date and the cost of the project.Since then,Tianyu chemical company failed to deliver the project money on time,resulting in a dispute over the exemption right.The focus of disputes between the two parties lies in whether Tongzhou's priority rights of compensation exceed the legal deadline.The court hearing the case relied on the provisions of the "Contract Law" of our country and found that Tongzhou company enjoyed the priority of compensation for the cost of the project involved in the case.The second part is mainly to explore and analyze the basic theory of the exemption right.First of all,the author expounds the concept of the exemption right by summarizing the recognition of different countries in the theoretical circles,summarizes the legal characteristics of the exemption right,and analyzes the relationship between the exemption right and the bankruptcy creditor's rights.Secondly,the author discusses the basic rights of the exemption right,including security interest,atypical guarantee and special priority.Finally,the author makes a specific analysis of the subject,conditions,methods and restrictions of theexemption right.The third part is the analysis of this case from three aspects.Firstly,the author integrates the cases,lists the legal relationship and the facts of the cases between the two parties,explores the basis of the claim of Tongzhou company,and analyzes the legal deadline for claiming the priority of compensation.Secondly,the priority of compensation for the project price of Tongzhou company is a special priority.According to the law of our country,the author judges its rationality as the basic right of the exemption right.Thirdly,a comprehensive analysis of the above aspects is made to evaluate the outcome of the court's judgment.The fourth part puts forward some suggestions on the basis of case analysis.Through the analysis of this case,we can find the inadequacies of the existing laws and regulations,as well as some problems hidden in the case.In order to solve these problems and deficiencies,the author puts forward some own views.