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Analysis of Exempt Property System

Author: PengWenNa
Tutor: ZhangZuo
School: East China University of Political Science
Course: Legal
Keywords: Exempt property bankruptcy of individuals Property of the estate
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 56
Quote: 0
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Abstract

Exempt property system and the property system is not the same generation, it is accompanied by the progressive civilization of human society arising. Exempt property system play an important role in the bankruptcy of individuals. It exits not only in the general bankruptcy in the country’s legislation system, but also in the legislation system of the businessman bankruptcy country, in order to protect the basic human rights. However, in many countries, especially in many civil law countries, relevant study on the exempt property lags behinds. Our current bankruptcy law does apply to business entity, so the exempt property system is lacked of. Our civil procedure law execution procedures have terms for raising families living necessary expenses and reserve necessaries of life. Along with the development and improvement of market economy in China, the establishment of the exempt property system is an inevitable trend, so the research will have practical significance.This article includes the following parts:PartⅠ, introduction of the exempt property. Firstly, gives a definition of the exempt property. Secondly, summarizes the characteristics of exempt property, The specific composition of exempt property is uncertainly and the protection of insolvent debtor has a limited and temporary. Then analyses the relations between the exempt property and property of the estate, recall property, securities or unenforceable property in civil procedure. Lastly states the significances of exempt property. Such as guarantee the living and development of debtor and relatives fostered by debtor, maintaining social stability and promote sustained economic growth, enhance the enthusiasm of the debtor filed for bankruptcy, to protect the interests of both debtors and creditors and by adjusting the scope of exempt property to the state bankruptcy macro-control.PartⅡ, scope of exempt property. Firstly proposed the principle measure of the scope of exempt property, secondly analyzed the limitation of the scope of exempt property. Then put forward author’s suggestions on legislative model and specific design.PartⅢ, procedures of exempt property. This part briefly states the procedures of exempt property based on legislations and cases in America, and put forward legislative proposals for our country. Such as the party who uses the exempt property, the application procedures, and the creditor’s objection rights and the court ruling on the validity of exempt property. At last investigate several questions in exempt property. Exempt property can used to settle the non-exempt debt or not, and the security interest on the exempt property.

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