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The Definition and Disposition of Commercial Banks’ Bankruptcy Property

Author: ZhangYongRong
Tutor: XuMin
School: Hainan University
Course: Civil and Commercial Law
Keywords: commercial banks bankruptcy property special rules
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 77
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Abstract

Bankruptcy property of commercial banks connects the liquidation proceedings whether run scientific and rational, it is a core elements of commercial banks’ bankruptcy liquidation. As the commercial banking business is special than the general business, its bankruptcy property also special, results in that there are some limitations when general business rules apply to commercial banks’bankruptcy.This paper selects the special nature of commercial banks’bankruptcy property as the main line, focused on the most representative problem of the property-definition, disposition and distribution, trying to sum up the special legal rules of definitiing dispositiing and distributiing of the commercial banks’ bankruptcy property. In addition to the preface and conclusion, the article is divided into four parts:The first part describes the basic theory of the commercial banks bankrupt property,Based on the definition of bankrupt property, writer analysises the particularities of commercial banks’bankrupt property,it involves complicated legal relationship, involves diverse interest groups and relations social stability.The second part discuss the definition. First of all points out the ownership of many assets is not clear,so it is difficult to define with the general rules. Then clarify the legal nature of the disputing assets,and recognize whether belong to the defining property, and then classify and screen the complicated property,and define the bankruptcy property of commercial banks into specific areasPartⅢfocuses on the disposal. First points out there has limitations when commercial banks apply to general bankruptcy rules. And then put some recommendationdss from the establishing principle、setting up the dispose institution and perfecting the way of dispose.PartⅣis on the distribution. After the discussion on the limitations that the general distribution rules apply to commercial banks, writer gets the conclusion that personal savings obtained priority rights and institutions deposits can not be guaranteed,and then based on the establishing the principle, designs the special rules of distribution of the bankruptcy property.In this paper, the main argument uses the method of comparison, it choose the special nature of commercial banks’bankruptcy property as the main line, linking every part together, at the same time against each issue, based on the analyzing limitations that general business bankruptcy property rules, wirter put forward The suggestion to perfect the rules of definition disposal and distribution respectively, so that all parts are independant comparatively.

The Definition and Disposition of Commercial Banks’ Bankruptcy Property

Abstract

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