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Cross-border insolvency of Private International Law Research

Author: DongJian
Tutor: DuXinLi
School: China University of Political Science
Course: Legal
Keywords: Cross-border insolvency Jurisdiction The application of law Extraterritorial effect
CLC: D997.1
Type: Master's thesis
Year: 2009
Downloads: 220
Quote: 3
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Abstract

With the integration of the global economy, more and more countries in economic exchanges, a large number of multinational corporations have a significant impact on a global scale came into being, its property located in various countries. Multinational corporations to promote economic ties and development of countries, but if bankruptcy is bound to its investors of the economic situation have a negative impact. Now, the world is experiencing a major economic crisis, multinational bankruptcy cases is not uncommon. In order to better protect the interests of creditors, especially in the case of conflict the interests of domestic and foreign creditors in the case of cross-border insolvency, how to balance the relationship between the two was particularly important. To this end, an effective solution to cross-border insolvency issues, and has great practical significance. In this paper, the concept of cross-border insolvency, trying to legal jurisdictional issues from the perspective of private international law analysis of cross-border insolvency laws applicable to the problem as well as the extraterritorial effects of the problem. The article is divided into four parts. The first chapter of the definition of cross-border insolvency issues. , Scholars hold different views on the definition of cross-border insolvency. Some scholars believe that the concept of cross-border insolvency should be three elements of the debtor, creditors and the insolvency estate. Some scholars believe that the property element is the core issue of the three elements of the bankruptcy case, the essential characteristics of the cross-border insolvency of the debtor at the same time the distribution of declaring the bankruptcy declared the property of the state outside the country together, and fair settlement of all creditors in the bankruptcy. I agree with the three elements that, that is one of the three elements of the debtor, creditors and the insolvency estate with foreign factors should be considered as cross-border insolvency cases. The second chapter studies the issue of jurisdiction of the cross-border insolvency, that is the choice of court of the jurisdiction of the object of cross-border insolvency and bankruptcy cases. General insolvency law 'refers to whether an individual or legal person can be in bankruptcy, in real terms with the recognition of natural persons, including the civil subject of bankruptcy. A businessman Bankruptcy Bankruptcy Law applies only to commercial subjects can not be applied to non-business subject businessman Bankruptcy originated in the Napoleonic Code, and its essence is only admitted businessmen bankruptcy, denied that the insolvency of natural persons. 2 in the bankruptcy jurisdiction of the object, countries are increasingly inclined to the general Bankruptcy. Connection point for cross-border insolvency court of competent jurisdiction, established by States including the principal place of business, domicile, location of the property. Domicile is generally considered a \The principal place of business as a main basis for the establishment of jurisdiction following the domicile. Some countries, such as the United States and even the principal place of business as the primary basis to establish jurisdiction. The property is located in the domicile and principal place of business outside of the additional elements. Solution of cross-border insolvency jurisdiction related to the bankruptcy proceedings. The author recommends that countries should follow the principle of \Meanwhile, the international community through bilateral or multilateral international treaties to reduce the occurrence of conflicts of jurisdiction, this is the most effective way to resolve conflicts of jurisdiction. The third chapter focuses on cross-border insolvency law applicable to the problem, applicable to all countries on cross-border insolvency law respectively regulation. Applicable law for the bankruptcy proceedings, Bankrupt, bankruptcy elements of the bankruptcy estate, and related to the bankruptcy property rights issues are different, the article focuses on the countries in these aspects of conflict of laws and the courts shall apply the law applicable. The fourth part focuses on the extraterritorial effect and China's legislative proposals. From the perspective of empirical analysis of China and the world of cross-border insolvency legislation, pointed out that the limited popularity of Marxism is to adapt to the current world economic trends and realistic theoretical basis. Finally, a brief introduction on the status quo of China's cross-border insolvency legislation applicable in the jurisdiction, the law, the recognition and enforcement of foreign judgments in terms of China's cross-border insolvency legislation recommendations.

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