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Companies liquidators System

Author: JiangShouZuo
Tutor: SuiGuangWei
School: Changchun University of
Course: Civil and Commercial Law
Keywords: liquidation Liquidators law Liquidation of the legal system improves
CLC: D922.291.91
Type: Master's thesis
Year: 2010
Downloads: 55
Quote: 0
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Abstract


In a perfect socialist market economic system, economy rules are playing an increasingly important role. Corporate survival of the fittest is inevitable. This requires that we not only have a complete market trading rules, there must be a healthy market access and market exit mechanism. The main body of the company as a market economy, in participating in market competition, not only to follow the access rules, its exit from the market should also have a complete rule, company law, the company’s liquidation is to terminate the company’s legal personality must go through legal procedures, while the company is in liquidation, the liquidator of the company’s capacity to implement the body and in disregard of corporate personality continues to exist in the final stage of maintaining the company’s liquidation shoulders creditors, shareholders and other stakeholders of the balance of interests, to avoid the imperfect mechanism for withdrawal of interests arising from the dispute and ensure a stable social and economic order, the heavy fluid. According to the company liquidation of whether they are bound by rules of bankruptcy, companies generally can be divided into liquidation and non-bankruptcy liquidation bankruptcy liquidation. This article aims to explore the non-bankruptcy liquidation proceedings in the liquidation obligor legal issues.System is the company’s non-bankruptcy liquidator of the company an important element of the legal system, China’s current system of non-bankruptcy liquidator and theoretical research in the Legislative still relatively weak, can not be a good solution to the problems in judicial practice. In this paper, company’s non-bankruptcy liquidator of an object, using the method of comparative study, from the legislative, judicial, theoretical point of view of the company’s non-bankruptcy liquidator analysis of the major legal issues to explore, hoping the enactment of legislation advanced by drawing on outside the successful experience of China’s company’s non-bankruptcy liquidator to contribute to the improvement of the system.In this paper, different countries and different regions of the company liquidation system, legislation, research, a detailed review of China’s current system of corporate liquidation of the reasons for the dissolution of the legislation, the liquidator system and liquidation system for the various problems that exist in the same time, this paper on the world countries (regions) the liquidator discussion of the legislative system comparison and analysis, through the liquidator of the study, and thus to perfect the legislative system in China liquidator made their views can be summed up. The liquidator of the main definition of perfection. The relevant obligations of the liquidator, the unification clearing the name, occupation settlement mechanisms should be established to improve the selection of the liquidation of the discharge, the improvement of the legal status of the liquidation, the company’s duties and powers of complete liquidation, the liquidation of the legal liability perfect, liquidation obligations liability perfect. Although this article dealt with the liquidator, the system core and the basic point, but can not say that the system has been fully expounded the liquidator, which is still the need for our further consideration. Hope that, through the company liquidation system, a preliminary study of Chinese companies can help improve the legal system.

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