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Research on the Bankruptcy Set off Rights

Author: QuHongYan
Tutor: WeiZhongYu
School: Southwest University of Political Science
Course: Civil and Commercial Law
Keywords: Insolvency set-off rights The civil rights of set-off Guarantee function Priority claim Offset the retroactive effect ' Conditional claims Future claims
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 144
Quote: 1
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Abstract

Of insolvency set-off rights, it should be said is an eternal topic will not end because once the attention and discussion. With economic development, the application of insolvency set-off rights system more and more, the theoretical and practical circles are becoming more aware of their countries of its provisions is becoming more and more detailed, in the context of this era of insolvency set-off rights system explore more practical significance. This article of about thirty thousand words, is divided into six parts, are summarized as follows: the first part of the insolvency set-off rights Overview: This section consists of three sub-components, discusses the generation of insolvency set-off rights, the meaning and nature of bankrupt arrived functions and legal status of the distribution rights, bankruptcy right of set-off, the scope and legal effect. Bankruptcy basic legal right of set-off is clear through this part of the discussion, and to provide theoretical support for the subsequent discussion. The second part of the bankruptcy of the exercise of the right of set-off: including five sub-insolvency set-off rights exercised by the principal, the time of exercise, the exercise of the modalities and procedures, the exercise of the constituent elements, prohibited from exercising situation. Bankruptcy exercise of the right of set-off is the focus of the the bankrupt right of set-off system, in particular the prohibition of the exercise of since only strictly regulate insolvency set-off rights are exercised, the confusion in order to achieve a balance of interests between the parties, will not cause a legal order and legal The value of the missing. The third part of the insolvency set-off rights and civil law right of set-off: by analyzing the similarities and differences of the bankruptcy set-off rights and civil law right of set-off point to further clarify the distinction between the two, is the correct understanding and application of bankruptcy offset The premise of the right, is also conducive to the bankruptcy the right of set-off system values ??and specific system build. The fourth part of the special insolvency set-off rights analysis: This section includes a conditional, a term for a debt offsetting future request the right to offset rent offset, offset by bank debt and other legal issues. Special bankruptcy right of set-off in bankruptcy right of set-off system difficulty, good or bad, its solution embodies the bankruptcy law theory of each country's level of development, China's current bankruptcy law only for conditional time period as the debt offset summarized provisions, but theorists have a close attention to the above questions, and the theoretical results. Special problems in the fifth part of the bankruptcy offset analysis: This section is another difficulty in bankruptcy right of set-off system, is also a problem often encountered in practice, the study of this problem is an urgent need to solve practical problems. Part VI of bankruptcy perfection of the system of the right of set-off: This section summarizes the current bankruptcy law for which the inadequacies views to our insolvency set-off rights system has a better, more robust development.

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