Several Subjects on Personal - bankruptcy System
Zhang Yu
Abstract
Zhang Yu
Abstract
There are three kernel problems in constructing the personal - bankruptcy system which include the qualification of personal - bankrupt, the range of personal property and the limitation on bankrupt' s act - a-bility. In the personal - bankruptcy system, the bankruptcy law should stimulate the qualification for the debtee and the debtor to apply bankrupt term respectively, and make specific rule deal with such special situation as only partial debtee apply for bankrupt term, or there is debt that can't be departed among the debtors. Personal -property of debtor are those positive property which are possessed by him, including his portion in common property and the part thnt can't be handled instantly during the case, but personality and status benefit are removed. The bankruptcy law should limit the debtor' s property and personality - status during and after the case,but all limitation would be regained by right - regainsystem.
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There are three kernel problems in constructing the personal - bankruptcy system which include the qualification of personal - bankrupt, the range of personal property and the limitation on bankrupt' s act - a-bility. In the personal - bankruptcy system, the bankruptcy law should stimulate the qualification for the debtee and the debtor to apply bankrupt term respectively, and make specific rule deal with such special situation as only partial debtee apply for bankrupt term, or there is debt that can't be departed among the debtors. Personal -property of debtor are those positive property which are possessed by him, including his portion in common property and the part thnt can't be handled instantly during the case, but personality and status benefit are removed. The bankruptcy law should limit the debtor' s property and personality - status during and after the case,but all limitation would be regained by right - regainsystem.
Key concepts: Bankruptcy, Debtor, Personal property, Property (philosophy), Business, Personality, Debt, Term (time)