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Research On The Creditor's Protection Mechanism Of LLP

Posted on:2008-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:H LiuFull Text:PDF
GTID:2166360215496181Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Based on the fundamental of civil law, this masterate dissertation concerns the Limited Liability Partnership (hereinafter referred to as "LLP") scheme by using various methodologies including comparison, analysis, induction, and historical science. It makes an in-depth and systematic study on how to protect the creditors of LLP and provides a set of integrated suggestions in accordance with Chinese particularity for legislator's consideration.The following questions are explored and argued in the thesis: 1. Chinese LLP and issues on protecting the creditors2. The academic foundation of the issues on how to protect the creditors—professional liability3. International comparison and reference on how to protect the creditors4. Legal considerations on establishing the mechanism of protecting the creditors in China.The thesis consists of four parts other than introduction and conclusion. By analyzing cases and precedents, the introduction sets forth the lack of mechanism on how to protect the creditors of LLP in China and the needs of the study of this issue. In the first part examines the present legislation on the issue and the urgent need for the study of the issue,In the second part outlines the foundation of the issue—professional liability, In the third part compares the legislations on how to protect the interest of the creditors in western countries, In the final part the difficulties lying ahead and possibility and suggestions of establishing the mechanism to protect the interests of the creditors of LLP in China, and provides feasible legislative suggestions and perspectives as the conclusion of the thesis.
Keywords/Search Tags:limited liability partnership, the protection of creditors, professional liability insurance, professional risk fund
PDF Full Text Request
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