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Research bankruptcy reorganization plan

Author: LiGuanLin
Tutor: LiuBaoYu
School: Shandong University
Course: Legal
Keywords: reorganization reorganization system reorganization plan
CLC: D912.29
Type: Master's thesis
Year: 2005
Downloads: 419
Quote: 7
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Abstract

As the important component of the bankruptcy law, bankruptcy reorganization system is the important legal system which the modern market economy country prevents enterprise goes bankrupt. It, through to has the bankrupt reason or the bankrupt reason risk of but also has the regeneration hope the enterprise for to reorganization, enable it to get rid of the difficult position, radiate the vitality again, thus avoids the worker being unemployed, social resources waste. At present, the draft of bankruptcy law of our country passes the second review. It sets up one chapter and stipulates bankruptcy reorganization system. Reorganization plan is key content and essential link of bankruptcy reorganization system, thus, the research to reorganization plan appears extremely urgently. In the foundation of analyzing our country bankruptcy law draft, through the comparative analysis various countries legislation, the practice, this article make a discussion to the reorganization plan, in order to our country’s legislation, the practice has a benefit.This article divides five parts altogether. The first part is for a basic content of bankruptcy reorganization system and the relationship of reorganization plan and bankruptcy reorganization system. It introduces the characteristic of the bankruptcy reorganization system, the arrival of the reorganization procedure , the reorganization organization, reorganization creditor’s rights , reorganization debts and shareholder’s right , the reorganization plan (omitted), termination and completion of the reorganization procedure, the relationship of reorganization plan and bankruptcy reorganization system one by one.The second part defines the concept and nature of reorganization plan. To save the enterprise as the goal, to adjust the relations between various kinds of rights and obligations of enterprises and stipulate various kinds of measures of saving enterprises as the means, reorganization plan is a compulsory contract which is by the agreement that the relation people’s meeting voted through and approved by the court. Through the comparison of reorganization plan and conciliation agreement, reorganization plan and liquidation plan, this part shows the nature of the plan clearly further.The third part introduces the procedural regulation of the reorganization plan from making to produce legal effect. It must pass making, voting, passing, approval by on the fourperiod of stage. On the making stage, it introduces making principle and the legislative example; On the voting stage, it introduces the voting principle and voting way; On the passing stage, it,emphasizes the passing standard. On the approval stage, it introduces the principle, the method and the effect of approval.The fourth part in detail introduced the content of the reorganization plan. The first is the provision about the content of the reorganization plan of many national law, which is the regulation of the American bankruptcy law, Japanese reorganization law, Germany insolvent law, the Taiwan law of corporation and our country bankruptcy law draft . The second discusses the concrete content, usually including the relation people grouping and the benefit type, the changes of all or some creditor’s rights and shareholder’s right, liquidation of the credit and debt, the reorganization measure (merger, separate, purchase, business selling, property reorganization, entrustment, renting, setting up new company and so on), the raising of fund; Reorganization executors and execution time limits of the plan.The fifth part is the execution, change, termination and completion of the reorganization plan. The first is the execution of the reorganization plan, to prove execution principle, executor, time, supervising and other regulations; Change of the reorganization plan secondly, introduces every national law provision about the change especially; The third is the termination of the reorganization plan. Because it has no the possibility of realization either has no essential or when cheats and so on , the court can terminates the reorganization plan according to the authority or the application of the relation people. The forth is the completion of the reorganization plan . It is that the executor completely completes the work, thus makes social all quarters to be happy.This article has done the discussion one by one about the relevant regulations of the reorganization plan. Though having little talent and less learning, I loyally hope this to the legislation and the practice of reorganization has a benefit.

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