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Theoretical Basis And Realization Path For Guarantor To Stop Interest Calculation In Bankruptcy Of Main Debtor

Posted on:2021-04-13Degree:MasterType:Thesis
Country:ChinaCandidate:H M ChenFull Text:PDF
GTID:2416330620471883Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
According to the provisions of Article 46,paragraph 2,of the Bankruptcy Law,interest-bearing claims have ceased to accrue interest from the time of acceptance of the bankruptcy application.This provision will result in a reduction of interest-bearing interest-bearing debt.Interest debt borne by the guarantor? That is,the interest-bearing principal creditor's rights in the bankruptcy ceased to accrue interest,and whether the interest debt borne by the guarantor ceased to accrue interest.The understanding and application of Article 46,paragraph 2,of the Bankruptcy Law differ in academic circles and judicial practice.The main difference is whether the clause breaks the subordinate attribute of the guarantee.If the subordinate attribute of the guarantee is breached,the guarantor bears The debt of interest is not affected by the termination of interest calculation of the main creditor's right with interest in bankruptcy.The interest debt borne by the guarantor depends on the guarantee contract,and the interest will continue to be calculated until the principal debtor's actual settlement or guarantee contract date;if the guarantee is not breached The subordinate property of the guarantor is affected by the stop of interest calculation of interest-bearing principal debts during bankruptcy,and the interest debt of the guarantor together with the principal debt interest of interest ceases to accrue interest.First of all,put forward the question to be studied,straighten out the pros and cons of the academic world on this issue,and take it as the premise,and further take the legitimacy The theoretical basis for the application of the stop interest calculation rule by the guarantor of weight and subordinate properties.Secondly,based on the judicial practice,the realization path of the application of the guarantor's stop interest calculation rules is proposed,starting from the judicial cases involving the guarantor's cessation of interest calculation in judicial practice.Then from the analysis of the realization path of the creditor's guaranteed creditor's rights,the way of the creditor's realization of the guaranteed bond in judicial practice and the way of the guarantor's liability in bankruptcy are adopted to adopt joint and several responsibilities.Therefore,a solution is proposed for creditors and guarantors on the issue of debt liability for interest in bankruptcy,and the way for the guarantor to apply the stop interest calculation rule.Finally,sum up the viewpoint that the guarantor should apply the stop interest calculation rule in the bankruptcy of the main debtor and propose a solution to the problem of creditor and guarantor's liability for the interest in bankruptcy and the realization path of the guarantor to apply the stop interest calculation rule.And put forward corresponding suggestions to the legislative branch and judicial branch.
Keywords/Search Tags:Bankruptcy of main debtor, Guarantor, Stop interest calculation, Theoretical basis, Realization path
PDF Full Text Request
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