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A Study on the Preservation of Creditor Rights

Author: LiuXiaoHong
Tutor: WangJianPing
School: Sichuan University
Course: Legal
Keywords: Debt guarantees Debt Preservation Creditor interests Disposition of property System Research
CLC: D923
Type: Master's thesis
Year: 2005
Downloads: 188
Quote: 0
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Abstract


Our current debt Preservation System in addition to civil liability system , claims guarantee system , the preservation of the system of debt and debt to achieve in the property preservation system. Creditors in order to protect their legitimate rights and interests and to realize their rights through the preservation of statutory or contractual claims to achieve its purpose. Whether to take legal or agreed security claims , are protected by the corporate interests of creditors . However , our current legal claims Preservation System not yet unified , system requirements , legislation lags behind and is not perfect , no longer suited to the rapid development of China's social and economic needs , based on this , the author intends from the debt security this perspective , to claims guarantee system , the debt security system and claims to achieve in the property preservation system to system , and of the Guarantee law , contract Law , Civil Procedure Law and the relevant laws , regulations and judicial interpretations rely on , in order to protect the creditor the realization of its basic value orientation and to protect the interests of creditors , empirical methods , the combination of theory and practice as well as the work of business engaged in the trial , a systematic exposition of our current debt preservation System . Text carved five chapters : Chapter 1 : major exposition of the legislative purpose of the preservation system of debt with the system ; limitations of our claims preservation system that claims to preserve the non- systematic , claims and preservation measures applicable limitations , claims the cost of preservation . Chapter II : the main exposition of the purpose of the establishment of claims Preservation System , to achieve efficiency of debt , debt interest costs decrease or loss is passed , the integrity of creditor interests transactions ; fixed claims preservation purposes ; claims preservation rules of procedure and that the debt guarantee pre-agreed rules , the preservation of property in the legal proceedings , claims to achieve the preservation of the debt . Chapter Three : focuses on claims by way of security selection ; effectiveness of mortgage-backed , mortgage registration , repeat mortgage problems , common mortgage problems . Chapter 4 : discusses subrogation rights exercise conditions , aging issues , subrogation subrogation rights exercised about

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CLC: > Political, legal > Legal > Chinese law > China and France
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