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Company Non-bankruptcy Liquidation Problem

Posted on:2011-10-29Degree:MasterType:Thesis
Country:ChinaCandidate:D X WangFull Text:PDF
GTID:2216330368994336Subject:Law
Abstract/Summary:PDF Full Text Request
Company Law should be the needs of a modern market economy generated most of the theoretical issues involved and the legal practice related to the controversial process of building the rule of law key to the common problems related. In the company liquidation system, non-bankruptcy liquidation system in the problems encountered in practice, but also with the relevant legislation, and judicial and law enforcement about the same time is also relevant.The first part, to non-bankruptcy liquidation of the company for a complete exposition of a non-bankruptcy liquidation from the basic theory and the "Company Law" to the provisions of the law in the form, including the company's non-bankruptcy liquidation of the legal characteristics of the principles and values, and company the relevant non-bankruptcy liquidation value problems are to do a macro that, for the following chapters for further analysis of the system lay a good foundation. From the second part, the company detailed description of the liquidation phase of the system, from the general meeting of shareholders, board of directors, supervisors, managers and other internal organs in the liquidation of the role and legal status of each other, make a presentation related to legal proceedings. At this stage the same time, settlement systems come into play, that started the liquidation, claims confirmation, distribution of property, pay off debt.If the second part with all the necessary procedures for the liquidation, then the third part is the special nature of the settlement stage, its unique position is that liquidation is particularly special, as the agreed procedures, the court's investigative function, supervision functions, and in particular the special organs of the company in liquidation, and the special liquidation of the existing system of review and analysis. The fourth part of the article is the liquidation of the system should be valuable expectations. Both theory and judicial practice in the real theory of the formation of related concepts, the notion of a current expectations and so on, to leave without a human factor, legislation, people who in the administration of justice and the market economy, the main body of the company, basic value is required for the orientation of the rule of law to property law as the basic power structure, manipulation of the liquidation value of the subject of rights of any party can be respected.In particular, it should be noted that the company described in this paper non-bankruptcy liquidation proceedings, does not discuss the contents of the bankruptcy liquidation proceedings.
Keywords/Search Tags:the bankruptcy liquidation dissolution, special liquidation liquidation theory
PDF Full Text Request
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