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The Right of Set-off in Transnational Bankruptcy

Author: ZouRuiYang
Tutor: XuDongGen
School: Shanghai Jiaotong University
Course: Legal
Keywords: Cross-border insolvency Offset Allow Limit Fair
CLC: D922.291.92
Type: Master's thesis
Year: 2011
Downloads: 42
Quote: 0
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Abstract


Right of set-off as a key system embodies the principle of fairness of the bankruptcy law , an irreplaceable important role in the protection of the bankruptcy legislation aim to achieve , and protection of normal trading relations , important for national insolvency legislation . Due to the big difference that exists between the complex bankruptcy proceedings and different national bankruptcy legal system , caused by the complexity of the system of cross-border insolvency offset from the complexity of the system of cross-border insolvency offset , offset system of cross-border insolvency the analysis of the origins of cross-border insolvency set-off rights exercised substantial cross-border insolvency set-off rights discourse , come to recognize the offset to offset more than deny the legitimacy , more in line with the conclusions of law to pursue the spirit of fairness and justice . Finally, from the angle of a really fair analysis of cross-border insolvency offset system and affirmed . China 's new bankruptcy law establishes a right of set-off system , based on insolvency set-off rights restrictions , and equitable settlement of credit and debt is of great significance . Reasonable checks and balances the interests of China 's cross-border insolvency offset legislation needed to further improve the legislation to improve the relevant legal system , should also be considered to create a favorable social and cultural psychological , supporting the construction of the social security system , eliminate administrative intervention factors to safeguarding the interests of the creditors , but also to protect the security and stability of the transaction . Bankruptcy offset capability to better play its role to help achieve equitable settlement of claims and liabilities ; bankruptcy system as a survival of the fittest and balance the interests of society and play an increasingly important role in building a market economy ;

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