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The Legal Protection for Creditors of Corporate Groups

Author: WangShiFeng
Tutor: ZhaoXuDong
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Corporate Groups Legal Risks Protection for Creditors Governance and Regulating
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 68
Quote: 0
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Abstract

The issue of legal protection for creditors of corporate groups has been the focus in corporate law field in almost all the countries since the corporate groups started developing in western countries in 60th of 20 century. This issue has been getting more and more attentions since that the corporate groups stepped into the stage of international corporations in 80th. Among which there are already extraordinary theoretical research results and legal systems relating to the issue especially in U.S, England and German. However, there are still so many disputes regarding the corporate groups in theories, as well as the practical effects of the legal regulations are still not explicit and needs to be proved even in the countries where the legislation of corporate groups is relatively perfect. Since the late 90th of 20 century the corporate groups has been becoming the leading option for establishing and developing a giant business organization in our country which made great contribution to the social economy development. However, there are not enough theoretical accumulations researching the issues of corporate groups and legal rules regulating the corporate groups. Therefore, it is greatly meaningful for establishing our country’s legal system of corporate groups through researching and analyzing the issue of legal protection for creditors of corporate groups. In this article, the methods of historical and comparative analysis are utilized a lot by examining the economical and legal causes of the arising of corporate groups and collecting the legislating experience of foreign countries or areas comprehensively and sufficiently. The full article consists of three parts: the introduction, the main body and the conclusion, and the main body is divided into four chapters:The first chapter is about the legal defining of corporate groups, which is the first step of research. The writer points out that the importance of legal defining of corporate groups is to establish a correct theoretical foundation for the analysis of the protection for creditors of corporate groups. After the deeply analysis of the legal nature and features of corporate groups, the writer makes a legal definition of it.The second chapter is about the legal risks creditors of corporate groups facing, which gives a systematic analysis of the connotation and categories of this kind of legal risks. The writer generalizes the risks into two main varieties including the structural risks and the operational risks. In the end of this chapter, the writer points out that the great meaning of providing special protection for creditors of corporate groups is to fulfill the requirements of various factors such as reducing the transaction cost, remedying the lack of capacities of creditors, transaction safety and stable market orders.The third chapter is about the comparative analysis of approaches of legal protection for creditors of corporate groups, which gives a comprehensive and systematical analysis regarding the theories and legislating experience about the protection for creditors of corporate groups. In this chapter, the writer generalizes the methods of protections into three categories.The fourth chapter is about the considering and advising towards the foundation of legislation regarding the issues of protection for creditors of corporate groups in our country. The writer describes and researches the status of related protection for creditors in our country, and points out that there are still defects in this area of our country’s legal system. Therefore, the writer suggests that the relative theories and legislating experience respecting to the protection for creditors of corporate groups can be transplanted into out country’s legal system.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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