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Partnership Bankruptcy

Author: LinJun
Tutor: DuanWei
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: Partnership Go bankrupt Estate Bankruptcy claims
CLC: D922.291.92
Type: Master's thesis
Year: 2011
Downloads: 87
Quote: 0
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Abstract

With the partnership concept development and the establishment of equitable insolvency law, partnership law school bankruptcy system has become the focus of public attention and research. Especially with the 2008 Wall Street financial crisis, as a rights protection mechanisms, partnerships for national bankruptcy system is shared by scholars and practitioners to pursue. In this regard, countries around the world (such as the U.S., UK, Japan, etc.) are already relatively mature legislative and practical experience, which is a partnership of Shangqie rough sound insolvency system provides a theoretical basis. But based on the special circumstances of our country, in-depth study of China's actual situation, establish a true partnership suitable for China Bankruptcy Law, is the development of our partnership really protect. Therefore, this article from the historical analysis and comparative analysis methods to start, on countries (mainly the United States, Britain, Japan, etc.) partnership legal system on the basis of a comprehensive analysis, come to our partnership in bankruptcy because Bankruptcy Law bankruptcy capabilities, insolvency proceedings and liquidation procedures and other aspects of the situation and lack of partnership and insolvency law system of the proposed some new ideas. Bankruptcy is both substantive law, but also a procedural law. According to this principle, this whole chapter is divided into the substantive law and procedural law of two parts, and in the third part the author considers it essential, even in respect of the entire partnership bankruptcy proceedings bankruptcy exemption regime discussed to bankruptcy of the partnership that the legal systems of a breakthrough. The first chapter, I start with a group of partnerships, combined with changes in the concept of bankruptcy law, bankruptcy on the theoretical basis of the partnership and its legal characteristics were discussed, as following substantive and procedural law leads to provide a theoretical basis. Chapters II and III is the main part of this paper, respectively, from the substantive law and procedural law two aspects of the partnership enterprise bankruptcy: the legal system were discussed. Which substantive law, including bankruptcy capabilities, the reasons for bankruptcy, insolvency estate, bankruptcy claims and other four aspects; bankruptcy proceedings include the insolvency proceedings, bankruptcy liquidation, bankruptcy settlement and bankruptcy reorganization in four areas. Through the substantive law and procedural law related to the expansion of the Partnership Enterprise Bankruptcy Law of the necessity and feasibility of a comprehensive study, and thus perfect for our partnership put forward relevant countermeasures. The fourth part is the bankruptcy exemption system related presentations. The author believes that bankruptcy exemption system is a partnership bankruptcy system is one of the most important issues, the relationship between the partners for the debts of the partnership final commitment, but also a profound impact on market players as a partner of other economic activity. Therefore, how to overcome and solve this problem, be a partner in the insolvency system key. This article from the bankruptcy exemption regime content, effect and other aspects of our partnership bankruptcy system improvement were discussed further.

Partnership Bankruptcy

Abstract

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