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Revocable Actions in Bankruptcy

Author: LiJin
Tutor: ShiXianQun
School: Southwestern University
Course: Civil and Commercial Law
Keywords: Bankrupt revocable actions Important condition analysis Application Exclusion Legislation perfection
CLC: D922.291.92
Type: Master's thesis
Year: 2010
Downloads: 92
Quote: 1
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Abstract

Guaranteeing the creditor’s tendering benefits to be fairly implemented is one of the important targets that emphasized by the Bankruptcy Law. To implement this target, the bankrupt revocable right system is set in the Bankruptcy Law to make regulations to the actions that hurts the creditor’s tendering benefits in the legal period before the bankrupt procedure, and trace the retroactive force by the bankrupt retroactive right, so as to make the creditor’s property liability reach the value maximum before the bankruptcy distribution, distribute the bankrupt liability property fairly to the creditor according to the bankrupt clearing procedure, and make the benefits of the whole creditors get the equal protection.But whether the bankrupt revocable right system can be exerted effectively to the maximum depends on if the legislation regulation of the Bankruptcy Law is perfect to the bankrupt revocable actions. Because the bankrupt revocable actions is taken as the retroactive object of the bankrupt revocable right and the bankrupt manager can only issue the bankrupt revocable right to the legal bankrupt revocable actions. However, a lots of problems occur in the legislation of the bankrupt revocable actions in the Bankruptcy Law of our nation. For example, in the Bankruptcy Law all kinds of bankrupt revocable actions are listed but the rules to the important condition of structure of all kinds of bankrupt revocable actions are not definitely and concretely made, in the meantime, there’s not any bottom term regarding to generalize and rule the bankrupt revocable actions, which will bring the difficulty in confirming the actions bankrupt reversibility for the creditor, bankrupt manager and court, particularly it may cause the creditor’s benefit actions can’t be revocable due to incomplete list, thus seriously restrict the function exertion of revocable right. Therefore, making analysis and research to the bankrupt revocable actions through multiple angles is of great theoretic significance and practice value.The text is divided into three chapters. The chapter 1 is the summary of the bankrupt revocable actions, the chapter 2 is the bankrupt revocable actions style analysis and its legislation assessment in the Bankruptcy Law of various countries, the chapter 3 is the bankrupt revocable actions’analysis to the bankrupt revocable right and the application exclusion.In the chapter 1, the text made discussion on the related theoretic problems of the bankrupt revocable actions and made analysis on its general important condition. Starting from the concept of the bankrupt revocable actions, the text made discussion on the interior meaning and important condition of structure of the bankrupt revocable actions. Based on analyzing and summarizing, the bankrupt revocable actions’ definition by the other countries’Bankruptcy Law, made the concept definition to the bankrupt revocable actions of our nation. Through analysis and demonstration, some common important conditions can be abstracted from our legislation in theory, or the bankrupt revocable actions can be divided into different actions style and be ruled, and make the certain definition to its legal meaning and important condition of structure, so as to perfect the existing problems in the bankruptcy legislation of our nation.In the chapter 2, made analysis on the bankrupt revocable actions style and made its legislation assessment in the Bankruptcy Law of various countries. As the bankrupt revocable actions of our nation rules several limited actions by listing, it certainly will hurt the creditor’s benefits greatly and restrict the exertion of the bankrupt revocable system function. The text made the legal meaning definition to several styles of the bankrupt revocable actions by combing the practice of Bankruptcy Law of our nation, and made the legislation assessment mainly through the Japanese and German legislation. It made conclusion on the bankrupt revocable actions legislation of our nation through the comparatively analysis on the legislation situation of the developed countries, and thought our nation should make rules to the important condition of structure of the bankrupt revocable actions.In the chapter 3, the text made analysis on the action of bankrupt revocable actions to the bankrupt revocable right and application exclusion. Through making the bankrupt revocable actions’geographical orientation to the bankrupt revocable right and analysis on the function exertion, the text emphasized the importance of making the bankrupt revocable actions standardization by legislation. In the view of the legislation rule of our nation, except setting the revocable right to let the debtor make tendering to the individual creditor’s matured debts, through the analysis on the regulation of the revocable right application exclusion of the British or American legislation, the text designed the exclusive regulation of the bankrupt revocable right application exclusion of the bankrupt revocable actions legislation of our nation, firstly, considered if the debtor made the essential hurt to the creditor, secondly, if all the parties are subjective and in good faith, and allow the debtor to have the well-meaning defense right when the debtor taking the action. It mainly made research on the exclusive regulations that applied in the bankrupt revocable right of the bankrupt revocable actions of our nation, pointed out my own suggestion so as to promote the legislation perfection of the bankrupt revocable actions of our nation.

Revocable Actions in Bankruptcy

Abstract

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