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Claims on the contribution of the Companies Act

Author: XuChen
Tutor: ZhuXiao
School: East China University of Political Science
Course: Civil and Commercial Law
Keywords: creditor lending investment
CLC: D912.29
Type: Master's thesis
Year: 2010
Downloads: 100
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Abstract


This thesis consists of four parts: beginning with real cases, the first part brings out the realistic predicament that the system of lending investment is confronted with; the second part introduces the historical evolution of the system of lending investment, analyzing its legislative purpose; the third part studies the practical disputes in the system of lending investment; the fourth part sets forth some legislative suggestions for the system of lending investment.The first part briefly presents the details of real cases and the main points of the judgments, summing up the realistic predicament confronting the system of lending investment, i.e. the loopholes existing in the system which lead to the creditors’inability to claim rights through exercising the investment right. With analysis of cases the following pressing topics concerning lending investment are advanced: what is the legislative purpose? What are the factors standing in the way of the system’s start-up? What are the elements that make up the system? What subjects are to be regulated by the lending investment?The second part in general introduces the historical evolution of the system and gives a brief analysis about the nature of the said system, maintaining that the nature of the system be the right of formation and illustrating the corresponding legislative purpose and compare different system of other countries.The third part, Analyzing the promising of lending investment and introduce the legal foundation of the investment system. The fourth part puts forward some legislative proposals, i.e. the applicable field of creditor’s right of lending investment shall be enlarged to involve all the obligations; the connotation of the subjects in the legal relationship of creditor’s right of investment system is to be enriched while it’s denotation is to be expanded; and the suit of right of subrogation should be merged in order to increase the proceeding efficiency and save the litigation cost and judicial resources.

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CLC: > Political, legal > Legal > UNIVERSITY > Economic Law
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