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Hong Kong and the mainland across jurisdictions bankruptcy jurisdiction Research

Author: YangWeiZuo
Tutor: FengXia
School: China University of Political Science
Course: Legal
Keywords: Across jurisdictions bankruptcy Interregional Conflict of Laws Conflicts of jurisdiction Extraterritorial effect
CLC: D997
Type: Master's thesis
Year: 2011
Downloads: 24
Quote: 0
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Abstract


The economic globalization has promoted the rapid development of multinational companies , which also led to an increasing number of bankruptcy cases across jurisdictions . Across jurisdictions bankruptcy involves a complex series of procedural and substantive law issues , for the treatment of the problem , there are still very controversial , different countries or regions have different processing methods . The field of conflict of laws across jurisdictions bankruptcy is particularly prominent, especially the core issue of conflict of jurisdiction . The China composite jurisdictions country , Hong Kong and the mainland belong to different jurisdictions within a country , interregional conflict of laws between the two places . With the continuous strengthening of the economic and trade ties between Hong Kong and the Mainland , more and more enterprises have assets or business in both places , and it comes to the two cross - jurisdictional insolvency disputes continue to occur . However , this kind of handling of the case , in theory, perspective is different , practice, practice different , which brought great difficulties to the smooth settlement of the case . Between China's Hong Kong and the Mainland , across jurisdictions bankruptcy case of jurisdiction as the research object , the practices of cross-jurisdictional bankruptcy jurisdiction theory and other national, regional , as well as in the bankruptcy laws of Hong Kong and the Mainland the analysis of the existing system , combined with a typical case in trial practice , and eventually raised the conflict of jurisdiction of the bankruptcy case of Hong Kong and the mainland across jurisdictions solutions . This paper argues that , To solve the problem , the first declaration of bankruptcy should be established between the two places , the application of the \In addition , both sides should cooperate to establish a coordination mechanism ( including legislation and a special coordinating body ) of the bankruptcy case . This is the fundamental countermeasures to resolve jurisdictional conflicts .

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CLC: > Political, legal > Legal > International law > Private international law
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