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Bankruptcy retrieve the right to study

Author: XiaoLei
Tutor: ZhaoWanYi
School: Southwest University of Political Science
Course: Legal
Keywords: Recall Right Seller Compensatory retrieve rights Insolvency administrator Insolvency estate The broker shall The property of others Rights-based Causes Termination of bankruptcy proceedings
CLC: D912.29
Type: Master's thesis
Year: 2003
Downloads: 241
Quote: 3
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Abstract


Bankruptcy the right to get back in order to eliminate or correct the phenomenon of the property of others contained in the possession of the real property of the bankruptcy administrator is not a statutory allocation of property and the establishment of a system of rights. It is when another person's property does not belong to the estate the receivership property of the bankrupt in the property rights enjoyed by failing to bankruptcy proceedings and the right to get back. The bankruptcy legislation retrieve right system is a remedy for bankruptcy liquidation organizations mistakenly listed as the property of others insolvency estate this case. Bankruptcy retrieve the right of the role of the two, one is to help theproperty reply property rights, and the second is to help correct gain possession of the insolvency administrator can not be used to allocate the property of phenomena, effectively distinguish the property of others with the estate. Bankruptcy get back right system maintains the right to retrieve the legitimate rights and interests of the people, while ensuring accurate and rationality of the statutory scope of the insolvency estate in bankruptcy law has great significance and necessity. Bankruptcy retrieve the rights affirmed and regulation is the general practice of bankruptcy law in the world today. China's current bankruptcy legislation also provides for the bankruptcy retrieve the right system, but there are still a single type of bankruptcy retrieve rights, the provisions of the Ordinance is too simple, the operability of the shortcomings of poor practice. Therefore, we need to establish the right to bankruptcy retrieve detailed regulation of the legal system, the bankruptcy of the right to get back in the insolvency proceedings can be effectively exercised in order to protect the legitimate interests of the right to get back to ensure the fairness of the bankruptcy. Departure from the basic theory of bankruptcy Recall Right classification of bankruptcy retrieve rights and foreign legislative experience, in-depth discussion of bankruptcy the right to get back the cause and the legal nature of the analysis of a variety of bankruptcy the right to get back the rights of basic and constituent elements, the exercise of the right of the bankruptcy retrieve specific steps and methods. The full text is divided into four parts, about 52,000 words. The first part introduces the basic theory of the bankruptcy retrieve the right system. First introduced definition of bankruptcy retrieve rights, and that it does not belong to the estate when the insolvency administrator to take over the property of the bankrupt property of others, the property rights enjoyed by failing to bankruptcy proceedings and the right to retrieve . Followed by the classification of bankruptcy the right to get back, that it can be divided into general retrieve rights and especially the right to retrieve. Special retrieve Recall Right, the broker has the right to retrieve and compensatory right to get back. Then the bankruptcy retrieve the right cause and the significance of the bankruptcy practice. By \the right to request the right to a civil substantive law. Finally, the bankruptcy the right to get back with the main legal characteristics. The second section describes the theoretical basis of the bankruptcy retrieve rights. First, the general right to get back to the theoretical discussion. A general definition of the right to retrieve the right base of the general right to retrieve, ownership, property rights, the right to claim for repayment of debt, intangible property rights, which focuses on the ownership of Paul MG, with the guarantee of trust, bankruptcy constitute the situation of human freedom property right to retrieve the special case of the general right to get back. Recall Right theoretical discussion Recall Right definition, causes, raised the Recall Right the legal nature of matter pillow wins, rather than debt, Liu. Again, the broker has the right to get back the theoretical discussion of the definition and causes of the broker has the right to get back their rights basis. Compensatory Recall Right theoretical discussion, its definition and causes a comparative study of the third part of the foreign and elsewhere Bankruptcy bankruptcy retrieve right system, Germany, Japan, Switzerland, France , UK, Hong Kong, China, China Taiwan and other countries and regions in the law relating to bankruptcy retrieve rights legislation. The fourth part discusses how to improve our bankruptcy get back right system. First introduced China's current legislation, the provisions of the bankruptcy Recall Right, pointed out that the existence of the right to retrieve a single type of poor operability. Secondly, we discussed how to improve our bankruptcy get back right system. On the general right to retrieve, analyze the general retake the exercise of the right conditions, discusses the different steps and methods in the form of litigation and non-litigation form of the exercise of the general retake. Acquired in good faith, the subject matter of damage loss may act against a third party ownership, title appended destroy the loss of the right to retrieve the acquisitive prescription, termination of bankruptcy proceedings and other general retrieve the tree shown so that can not be the case with the corresponding relief measures retrieve the rights of the seller, an analysis of its constituent elements, specific methods and steps of exercise Recall Right, proposed that China should increase in the bankruptcy legislation the provisions of the Recall Right. The broker to retrieve the right to retrieve the right to exercise the broker has. Retrieved compensatory rights, the exercise of the right to compensatory retrieve specific methods and procedures. Realistic and are discussed by analyzing how it will exercise all bankruptcy retrieve the right steps and methods are detailed, systematic, bankruptcy bankruptcy practice exercise the right to get back specific measures to enhance the exercise of bankruptcy the right to get back operability.

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