Research On The Bankruptcy Set Off Rights

The discussion about the right of bankruptcy set-off should be said to be an eternal topic, which will not be ended because of attention it drawn before. Along with the development of economic, the application of the system of bankruptcy set-off right will be more and more, the interest of theorists and practitioners have increased and its provisions will be more and more in detail in many countries'legislation , it is more meaningful in the context of this era. China's current bankruptcy law draws on the legislative experience of Western countries, regulating the right of bankruptcy set-off, but the deficiencies in the implementation process is gradually exposed. This paper aims at clarifying the relevant legal issues .This total of about 30000 words, which is divided into six parts, there is the outline below:The first part, the overview of the bankruptcy set-off right: This section consists of three sub-components, which respectively discusses the emergence of bankruptcy set-off rights, its meaning and nature, its function and legal status, its scope of application and legal effect. Through the discussion in this part , we make the basic legal issues of bankruptcy set-off right clear in order to provide theoretical support for the follow-up discussion.The second part, the exercise of the bankruptcy set-off right: it includes five sub-cases, such as the subject, time, way and procedure, prohibitive condition of the exercise of the bankruptcy set-off right. The exercise of the bankruptcy set-off right is the focus of bankruptcy set-off rights system, the exercise prohibition has a top priority in particular. Because we can achieve the balance of interests by regulating the exercise of the bankruptcy set-off right strictly between the parties, in order not to result in legal order in chaos and the lack of legal value.The third part, the comparative analysis between bankruptcy set-off rights and set-off rights in civil law: By analyzing the similarities and differences between bankruptcy set-off rights and set-off rights in civil law, we make a further distinction between them, which is the premise for the correct understanding and application of bankruptcy set-off rights, but also is beneficial to the reconstruction of the value and concrete regime.The fourth part, the analysis on the special bankruptcy set-off right: This section includes lots of legal issues, such as the set-off claims right with condition and period, the set-off right of the future claim, the rent offset right, the set-off of the bank claims. The special bankruptcy set-off rights is the difficulty in the circle of the system of the bankruptcy set-off right, the result of the solution to this problem embodies the theory level of the legislation in various countries. China's current bankruptcy law includes only the set-off claims right with condition and period. However, the theoretical circles put attention on these issues and obtain the corresponding theoretical development.Part V, the analysis on the special problems of the bankruptcy set-off right: This section is another difficulty in the regime of the bankruptcy set-off rights, and also a practical problem we often encountered in practice, this research on this problem is the urgent need to solve the problem.Part VI, the improvement of the system t of the Bankruptcy set-off right: In this part, we make a summary about our China's current bankruptcy law, putting forward the corresponding view for the inadequacies of the current legislation, in order to make it a better and more healthier development.