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Creditors Cancellation Right Dispute Case Analysis Report

Posted on:2014-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:J J JianFull Text:PDF
GTID:2296330467465105Subject:Law
Abstract/Summary:PDF Full Text Request
The analysis in this case, although the cause for revocation of the right to dispute, butfrom the first to second instance procedure in the processproduced a total of four issues. Thelegal system of the focus of controversy relates to the creditor’s right of revocation system, thesystem of assignment of creditor’s rights, the equity transfer system,scheduled period ofsystem and obligation system etc. This text has fiveparts: the first part is to determine thecause of action to revoke the right to dispute; the second part is the case description; the thirdpart is tosummarize the focus of controversy in this case, this thesis summarizes the fourfocus on the case: one is whether the creditor the sunshinetechnology companies with exercisethe right to revoke the qualification;two is the sunshine technology companies to exercise theright of revocation has exceeded the statutory period of exercising the right of revocation;three is the best island rain technology companies andVeolia resources whether free transferof ownership; the four is the court of first instance to the court rejected the sunshinetechnology company litigation request is appropriate; the fourth part is the differences ofopinion and the views of four issues on the basis of narrative; the fifth part is to analyze all thefocus of controversy, the focus of controversyfor the first assignee sunshine technologycompanies have the right to revoke the exercise subject qualification, mainly analyzes severalaspects, first analyzes what is the creditor’s rescission and what is the assignment of creditor’srights, and then analyzes the claims and theinternal validity, finally, through the aboveanalysis to solve the first The focus of controversy. For the period second focus sunshinetechnology companies to exercise the right of revocation over whether to exercise the right ofrevocation, second focus will be divided into three smallproblems to solve, one is when thesunshine technology companieshave the right to revoke the qualification; two is the sunshinetechnologycompanies can exercise the right of revocation of time for this problem,mainlyanalyzed the notice of assignment of the effect, notification of assignment of obligatory rightssubject, notice of assignment way; three is when the behavior of Shennan oil held by goodrain Island technologytransfer of the company shares to the company’s effective resources.For the third focus of dispute Jiadao rain technology companies andVeolia resources whether freetransfer of ownership, mainly analyzeswhat is the responsibility and bear the legal effect ofdebt. For the fourthfocus of dispute the court of first instance to the court rejected thesunshinetechnology company litigation request is appropriate, the legal nature of the first part of theanalysis of the creditor the right to revokethe exercise period, the second part analyzes whatcall scheduled period, the third part analyzes the scheduled period expires will producewhatkind of legal effect, the fourth part is the analysis conclusion thefocus of controversy. Throughthe analysis and Research on therelevant system, to solve the dispute, hope to draw a correctconclusion.
Keywords/Search Tags:Revocation of the right, creditor’s rights, share transfer, scheduledperiod, liability
PDF Full Text Request
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