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On the personal injury compensation for the debt repayment in bankruptcy proceedings

Author: DongXiaoJun
Tutor: JiLiGang
School: Fudan University
Course: Civil and Commercial Law
Keywords: Personal Injury Compensation Claims Priority Satisfaction Sequence Satisfaction Scope
CLC: D923
Type: Master's thesis
Year: 2009
Downloads: 246
Quote: 3
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Abstract


"Sanlu" incident occurred in 2008 drew wide attention from all sectors of society,at the same time,it aslo caused a heat discussion of how to satisfy the personal injury compensation claims during the bankrupt proceedings.Although the different countries of the world haven’t yet set a rule of the priority for repayment of the personal injury compensation claims in the bankruptcy law,However,scholars at home and abroad have given much concern to this problem,the judges always dealing with such similar cases with discretionary powers during the judicial practice.Under this background,the theme of this paper is to find out the way of determining the status of personal injury compensation claims and how to build a system to settle the problem of personal injury compensation claims satisfaction.A profound research into the problem of personal injury compensation claims will not only be beneficial to protecting personal injury compensation claim creditors’ interest,but also be beneficial to promoting the legislative process of bankruptcy law,and to maintaining the order of the community and transaction safety.Applying analysis-synthesis method,comparative approach,value method and the method of theoretical and empirical analysis,this paper deeply probes into the status of personal injury compensation claim in bankruptcy law and bring forth some proposals for system construction.The author believes that the problem of the personal injury compensation claim status in bankruptcy law should comprise three sides:first,the priority of personal injury compensation claims;secondly,satisfaction sequence;and thirdly,the scope of the satisfaction.Based on the policy environment, the functions of the law and the nature of the personal injury compensation claim,the bankruptcy law should authorize a priority of repayment to the personal injury compensation claim,which derives from more care and tilt protection to the survival of claims.Therefore,Personal injury compensation claim should be satisfied with the labor claim in the same sequence,after the claims with guaranteed property,and take precedence over the claims with the power of taxation.And at the same time,certain items of the personal injury compensation claim including compensation for injury itself and the benefit loss which could fill the personal injury and a normal life as much as possible should be a prior satisfactory.Chapter One of this paper introduces the legal situation of the personal injury compensation claim form the standpoint of civil law and bankruptcy law,at the meantime analyzes and evaluates the disposal of the personal injury compensation claim under the current bankruptcy practice,to demonstrate the meaning of discussing the issue that the personal injury compensation claim in the bankruptcy procedure. Chapter Two analyzes the priority of the personal injury compensation claim in bankruptcy claims from both civil law and bankruptcy law angels.Chapter Three attempts to put forward some proposals for the system construction of personal injury compensation claim satisfactory sequence in the legislation of bankruptcy law.And Chapter Four discusses the scope of satisfactory of personal injury compensation claim.On the basis of former research achievements,this paper deeply researches the legal disposal of personal injury compensation claim,priority base of personal injury compensation claim,scope and sequence of satisfactory with a priority.The author hopes this research would be beneficial to the construction of the bankruptcy law system.

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