The Application Of The Theory Of Real Rights For Security In Bankruptcy Claims Reasonable Limit

A security interest belongs to limited property rights,is a kind of protection of human rights,human rights to creditor's rights can be guaranteed,the debtor will need its own or third movable and immovable property or other rights as the guarantee,when the debtor due to repay the debt,the oblige can property priority compensation.The real right of security is involved in the bankruptcy law and the two law of the property law.This article through the analysis of the general rules of the creditors to achieve security interest in the bankruptcy law of our country and related constraints,combined with the United States and Germany related to bankruptcy law is not difficult to see,although China's "enterprise bankruptcy law" in the procedure of bankruptcy creditor's realization of guarantee right makes certain restrictions,but from the value orientation of current general provisions the "enterprise bankruptcy law" in the process of bankruptcy over protection guarantee the interests of the people,there is no corresponding effective system to limit the security holder.Considering the value orientation from creditors based on guarantee right in bankruptcy procedure,people are anxious to realize the creditor's rights,after the priority of repayment guarantee real right,the rest of the property is not nearly enough to repay unsecured debt.From the consideration of the balance of interests between the creditor and the debtor,it is not conducive to the maximization of the value of the bankrupt property to protect the interests of the property owners in the bankruptcy procedure.On the basis of the legislative purpose of the social interest standard,the protection of the interests of the real rights holders is often so as to save the enterprise,avoid the reorganization procedure of bankruptcy liquidation,and set up the procedure of the settlement.However,when the individual rights against the social public interests,we should take into account the stability of the economy and the security of market transactions,to study the application of reasonable restrictions on the right of security.