Dissertation
Dissertation > Political, legal > Legal > Chinese law > Economic Law > Bankruptcy Law

On the personal bankruptcy legislation

Author XuanMingHu
Tutor GuanXiaoFeng
School China University of Political Science
Course Legal
Keywords Bankruptcy legislation Personal bankruptcy Bankrupt property Bankruptcy claims Bankruptcy reasons Corporate insolvency regimes International practice Development of social productive forces Open wider to the outside world Bankruptcy Law
CLC D922.291.92
Type Master's thesis
Year 2002
Downloads 277
Quotes 2
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Chapter One : discusses the historical evolution of the personal bankruptcy system . Bankruptcy system to trace its history from personal bankruptcy system and legal system , and later with the development of the commodity economy and legal technology , expand its scope of application to the legal person. Chapter II : brief summary of the bankruptcy legislation in the history of our country and the realities after the third quarter analysis of the necessity to create a personal bankruptcy system : First, it is the requirements of the law of the economic value of goods ; Second is the objective of the development of China's socialist market economy needs; further expand our new form of opening to the outside world, and with the international practice need ; fourth , implementation difficult \Section IV discusses the special role of the personal bankruptcy system to make up for the lack of civil legal system , and safeguard the legitimate interests of the creditors , the debtor reborn , is conducive to the development of social productive forces , the maintenance of social credit . Chapter III : Section V , for China 's bankruptcy law legislation on bankruptcy causes defects proposed personal bankruptcy legislation should pay can not pay to stop the bankruptcy reasons . Section 6 , bankruptcy eligibility , stressed that China should change the bankruptcy law restrictions on the main qualifications , should be extended to all natural and legal persons of the territory , and regardless of whether Chinese or foreigners . Section VII discusses the concept of bankruptcy claims , the constituent elements , types , basic knowledge of the right of exclusion and retrieve the right , and the claims of the elapsed time to the availability of the grounds of a bankruptcy claim under certain conditions . Section VIII discusses the bankrupt property legislation ' , the characteristics of the property of the bankrupt , the scope and the right to revoke , and should be taken of personal bankruptcy legislation on the time of the bankruptcy property limited expansionism reason . Ninth , ten, fourteen , respectively, discussed as distinguished from the corporate bankruptcy system and exist independently of the restrictions on the qualifications of the personal bankruptcy system , the exemption system and the right to re- system . 11 , twelve , thirteen , respectively, discussed the application and management of personal bankruptcy system , reconciliation, and the declaration of bankruptcy system .

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