On The Recovery Of Creditor's Rights In Bankruptcy Proceedings

Subject to German civil law which the Property right is the right of control and the Creditor's rights are claims,the right of bankruptcy has long been considered as the right to return the original claim for the specific object.But in theory,the claim is only one of the ways in which the creditor's rights are realized.The realization of the broad creditor's rights should also include making the claim as the property in the circulation as the object of the transaction.With the development of the real economy to the credit economy,the transaction value of the creditor's rights is also fully exploited and utilized,especially in the financial field,through the transfer of the creditor's rights,pledge,securitization,accounts receivable factoring Products,etc.,which indicate that as the object of domination,the creditor's rights itself should be protected and the exclusion of others to interfere with the legal needs.At the same time,with the popularity of financial technology and Internet technology,reducing the difficulty of the specific claims and the cost of publicity,the rights of the claim and the changes in the content can be publicized,the interests of third parties can also be comprehensive protection,The right basis for the right of return is also possible and feasible.This article is divided into four parts,first of all in the introduction of this article I want to argue if the creditor's right to return,it will produce contradictory with the existing three key issues,and make a general response.The first part of the text,first of all from China's "Enterprise Bankruptcy Law" Article 38,the "property",as the concept of starting,through the analysis of civil law and Anglo-American law for property and property.And the ownership of the relationship between the ownership of the property,and the property has the same ownership and ownership of the dominance of the dominance and connotation;and then by analyzing the legislative purpose of the property law,and then summed up the legal significance of the property and its purpose has the legal effect.The second part of the text,by analyzing the concept of the right of recourse in the insolvency law and the general right of recourse and the special right of retrieval under the right of recourse,with a view to obtaining the right of recourse in the insolvency proceedings The important system value for the tangible distinction between the bankruptcy property and the right owner property,protect the attribution;and then through the analysis of the existing doctrine of the right to recourse to the right of the discussion and comments,the right to retrieve the right to limit the right to The value of the system is violated.Finally,the legal essence of the right of recapture is summarized.The third part of the text is the key part of the argument is to claim the creditor's rights can be used as the basis for the basis of the right to recover,the basis of the law,the basis of the case and the realization of conditions and procedures four points.In the first part of this part,we mainly introduce the change from the physical economy to the credit economy and the influence of the creditor's rights.In the second point,we mainly introduce the conditions of the creditor's rights,the property attribute of the creditor's rights,The nature of the creditor's rights and the re-discussion of the properties of the monetary claims to arrive at the conclusion that the creditor's rights(rather than the relative claims)can be used as the basis for the right of retrieval;in the third point,Analysis of foreign and domestic creditor's rights to take the case and attitude;in the fourth point of the content,mainly to recover the realization of the conditions and procedures for creditor's rights.In the fourth part of the text,the purpose of the argument is to apply the possibility analysis of the right of claim to the actual situation of our country,and put forward the proposal of perfecting the system of the right of recourse in our country.In the first point,by analyzing the shortcomings of China 's right of recourse system and its causes,it is concluded that the defect of the system of the right of recourse is mainly due to the ambiguity of the concept of "property" and the failure to adapt to the development of credit economy.In the second point,through the summary of the preceding case referee,the conditions for obtaining the right of claim are specific and public,and the method of specialization and publicity may include registration,notarization,and business appearance,and accordingly Suggestions on Perfecting China 's Right of Retrieval.