Font Size: a A A

On Insolvency Practitioner Liability Insurance System

Posted on:2014-02-09Degree:MasterType:Thesis
Country:ChinaCandidate:S S DingFull Text:PDF
GTID:2296330422489970Subject:Law
Abstract/Summary:PDF Full Text Request
"PRC Enterprise Bankruptcy Law" promulgated, marking with a good systemof admini of liquidation team colors exit the stage of history, bankruptcyadministrator system instead, become standards with international legislation is animportant sign. However, the insolvency administrator working with high risk, theslightest mistake can give significant losses of bankrupt enterprises, the insolvencyadministrator will face huge compensation. Bankruptcy administrator for thetransfer of risk,"Bankruptcy Law " provides professional liability insuranceinsolvency administrator. Natural person as an insolvency administrator shouldcompulsory purchase professional liability insurance, other organizations to act asinsolvency administrator, is not required. Insolvency practitioner liability insuranceas a new insurance, still in the research pilot phase. At present, research in this areais only in its infancy, only a few academic achievements, but also to introduce sex-based, there is not much institutional innovation. Limits liability insuranceinsolvency practitioners use in practice is the results of theoretical scarcity research.Based on this, the first chapter introduces the insolvency administrator frompracticing the basic theory of liability insurance system, analyzes the concept of theinsolvency administrator, characteristics, legal status and practice the concept ofinsurance, the value of the kernel, and then analyzes insolvency practitionerliability insurance required sex; second chapter focuses on analysis of insolvencypractitioner liability insurance status and problems, our present "Insurance Law","Enterprise bankruptcy Law" and relevant judicial interpretations on insolvencypractitioner liability insurance only principled provisions, in reality, there are manyproblems, such as the scope of regulations insolvency practitioner liability is notclear, the body systems and regulations are not clear, the principle of liability insurance provisions are too etc.; third chapter analyzes foreign insolvencypractitioner liability insurance legislation and practice, should learn from foreignexperience in the design of specialized professional liability insurance andinsolvency provisions, and thus in the fourth chapter proposes to build ourinsolvency practitioner ’s specific practices liability insurance system, which is theoriginal main features and innovations, first, a clear liability insurance insolvencypractitioner scope of compensation, including job behavior, gross negligence isliability insurance insolvency practitioner scope of compensation, contractualliability does not belong to professional liability insurance insolvency administratorscope of compensation; Second, improve the insolvency practitioner liabilityinsurance body systems, including the insured and the insurer’s perfect; Third,design insolvency practitioner liability insurance policy, should the insurance, theinsurance period, liability limits, deductibles, exclusions, etc. do in-depthrefinement.
Keywords/Search Tags:Bankruptcy, insolvency, practice liability insurance
PDF Full Text Request
Related items