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Research on applicable law in cross-border insolvency

Author: LiuYu
Tutor: DuXinLi
School: China University of Political Science
Course: International Law
Keywords: Cross-border insolvency Applicable Law Fori Exception to the rule
CLC: D922.291.92
Type: Master's thesis
Year: 2011
Downloads: 155
Quote: 1
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Abstract


As the world economy, the emergence of more and more frequent cross-border insolvency , which is also accompanied by a number of legal issues , the legal application is one of them . However, current research focuses on the question of jurisdiction scholars and extraterritorial effect , the law applicable to the issue little attention . To break this phenomenon , this article uses literal interpretation , historical research, inductive reasoning and empirical research , dialectical analysis of the law applicable to cross-border insolvency issues were analyzed and clarified his views , specifically, the article points the following five chapters : the first chapter introduces the connotation of cross-border insolvency and complexity of the extension and the problem, establish the objects and methods discussed in this paper, to clarify the law applicable in cross-border insolvency in an important position , in addition to choice of law rules of the historical development of a brief combing , bankruptcy law applicable rules specified system ; Chapter II cross-border insolvency law in several areas of the larger conflict of laws applicable to the problem are described, drawn elements bankruptcy , insolvency property , bankruptcy claims laws applicable conclusions ; Chapter III of the law applicable to the issue of cross-border insolvency special rights are discussed , including bankruptcy do not ex-rights , bankruptcy right back , right off bankruptcy , bankruptcy avoidance powers , through relevant case studies draw their own conclusions applicable law ; Chapter IV of the Commission , \exceptions to the legislative model for the construction of China 's legal system provides an important reference ; Chapter V of the legislative status quo of cross-border insolvency law applicable to the analysis carried out on China's \provisions most closely connected , and the meaning of the principle of autonomy in principle applicable in the field of cross-border insolvency prospected , and summarizes the results of the above discussed suggestions for the improvement of cross-border insolvency law applicable rules.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Bankruptcy Law
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