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The Legal Regulation on Creditor’s Rights Investment of China

Author: BanShuai
Tutor: GuoGuangHui
School: Hebei University of Economics
Course: Legal
Keywords: Capital contribution in the form Debt funded Legislature envisaged Perfect
CLC: D922.291.91
Type: Master's thesis
Year: 2011
Downloads: 38
Quote: 0
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Abstract


Claims superiority increasingly prominent in the era of rapid development of the market economy, has become an important manifestation of the modern social wealth. With the diversification of the shareholders' capital contribution in the form of debt rising status of value continue to highlight to allow debt financed, the company combined with creditor is bound to bring new vitality to inject new blood for the company as well as the socio-economic development; course there are also the downside, the defects of the debt itself will inevitably bring some risks, which is many years scholars debt financed negative attitude important reason. Therefore, how to avoid weaknesses, can give full play to the claim superiority while maintaining good transaction security and social and economic order has become a hot issue nowadays attention. From a practical point of view of our country, debt financed phenomenon is increasingly common, our original company law has not fully assume However, in-depth economic development mission theorists debt-funded research, so this article will focus on the claim of the social The wealth to mention the system to investigate the claims funding issues, and put forward their own views and conceived regulation. In this article, the author from the following four parts to illustrate their understanding of the problem of debt financed and put forward their own opposition to some of the recommendations of the regulatory system: the first part of this paper is an overview of the debt funded. Analysis of the concepts and principles related to debt financed. First by comparing the credit and right to clear the nature of the claims, and claims to analyze the importance of modern social life, and then clear the debt as an investment vehicle has become a trend. Secondly, the different perspectives of the debt funded concept. Finally, about the theoretical basis of the debt-funded. Made a distinction between capital and assets of the company, especially the analysis of the company should flatter is no longer a \The second part of the theoretical analysis of the debt-funded. First summarizes the debt funding eligibility elements, combined with the current economic situation in China and the author from the uncertainty, the value of the existing of the evaluation of the possibility of the possibility of four separate alienation explicitly claims is consistent with the provisions of the Companies Act \currency valuation and can be legally transferred to the non-monetary assets, claims to comply with the above conditions can be used for funding. Then analyzed funded company debt financing and third party claims two funded feasibility. Finally expound the debt funded limitations, this is the need to guard against and regulatory constraints. The third part of the main study extraterritorial national legislative practice of debt-funded. Author from the common law and civil law systems were explored attitudes and regulatory situations funded by Britain, the United States, Germany, France, Japan and countries of the claims, concluded: debt financed is already an irreversible trend in the development of modern company law therefore to relax the restrictions on the shareholders of contribution, contribution allows claims on behalf of the social wealth. The fourth part is the focus of this article, the main analysis of the status quo of China's debt-funded and elaborated legislation envisaged to improve our debt funded system. First introduced the necessity of the Legislation of claims funded Finally, the author focuses on censorship debt funded assessment system and debt funding guarantee system and the ratio of the legislature envisaged.

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CLC: > Political, legal > Legal > Chinese law > Economic Law > Corporate law, company law
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