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A Study on Limit and Protection of Secured Claims in Reorganization Proceeding

Author: FanYunZuo
Tutor: FengJuPing
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: Reorganization Proceeding Secured Claims Limit Protection
CLC: D922.291.92
Type: Master's thesis
Year: 2011
Downloads: 74
Quote: 0
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Abstract


With the development of economy internalization, the linking between each other becomes more and more significant, especially the appearance of multination corporations make further connection. So the failure of its management inevitably will contribute to the chain reaction, which is harmful for the whole social economic development. All countries in the world formulate the bankruptcy reorganization system to save firms approaching insolvency. Under this situation, our country introduces the bankruptcy reorganization system in 2006, going with the trend and the needs of home market. Its purpose is to avoid the risk of bankruptcy, and to realize instauration institution. The principal contradiction about the secured claims’protection and restriction in various countries is a big problem. These days, this issue has drawn widespread attention in bankrupt field. We will discuss and study in this article.Chapter one mainly attempts a definition .The first section introduces concept, which are the reason of emerging and basic characteristic on the whole. The Second section focuses on the inward and outward conception of secured claims, comparing from extent to other relevant notions, to avoid confusion The third section analyses the theoretical basis on limit and protection of secured claims in corporation reorganizations.Chapter two is chiefly the comparisons and references from oversea stipulations. Under regulations and implementation effect,《Bankruptcy Law》contributes to the lack of protections and the over of restrictions. In this chapter by mentioning British, American and Japanese reorganization as example, comparing the same and difference between guarantee protection and restriction, which benefits the establishment of our country’s legislation.Chapter three is concentrated on the problems ,which exists in the situation of Limit And Protection Of Secured Claims. Firstly do an analysis about the legislation situation on protection and prohibition of secured claims, then through using foreign countries for reference, demonstrating the scarcity and flaw in our《Bankruptcy Law》.Chapter Four comes to the legislative proposals which will develop and perfect the measures of limit and protection the secured claims in the Bankruptcy Law. Analyses the relevant provisions in the Bankruptcy Law based on the reference to oversea stipulations, and then the author contributes some advice on legislation to develop and perfect on limit and protection of secured claims in corporation reorganizations,for finding a reasonable "balance" between restriction and protection.

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