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The Study On The Legal Issues Of Protecting The Creditor's Interests In The Bankruptcy Reorganization

Posted on:2011-07-09Degree:MasterType:Thesis
Country:ChinaCandidate:H B LiuFull Text:PDF
GTID:2166330332959934Subject:Economic Law
Abstract/Summary:PDF Full Text Request
The reorganization system is one of the methods to prevent bankruptcy in the Bankruptcy Law, its primary purpose is to save the enterprise which is on the edge of bankruptcy from liquidation and to avoid social unrest caused by the dissolution of enterprise, it manifests the transformation from right-orientation to social-orientation of the Bankruptcy Law. In order to satisfy the material basis which enterprises operation demands, all the countries put limits on the rights of creditors to some extent in the restructuring legislation. However, this is bound to bring some harm to the interests of creditors and offer the debtor the opportunity to avoid bankruptcy, delay debt. Therefore, the effective methods to balance the interests between the two parties and protect the creditors whose interests have been threatened. The reforming system of bankruptcy law in our country has brought hope of rebirth for those enterprises in a plight, and it is urgent for us to protect the interests of creditors who is involved in reorganizationUsing comparative analysis and economic analysis methods, this thesis gives a detailed analysis on the relevant provisions which is referred to in the different stages of reforming procedures. Combining with the reforming legislation system abroad, the research aims to protect the interests of creditors, it will be helpful to the improvement the bankruptcy law.
Keywords/Search Tags:Insolvency reorganization, Creditors'interests, Credit protection
PDF Full Text Request
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