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论破产撤销权诉讼.docx

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论破产撤销权诉讼.docx

上传人:wz_198613 2018/5/22 文件大小:117 KB

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文档介绍:Bankruptcy revocation right is an important institution of bankruptcy law , while
bankruptcy avoidance litigation is a vital procedure to ensure that the bankruptcy revocation right could e true. Bankruptcy avoidance litigation is that the insolvency administrator sues to petent court to cancel the bankruptcy proceedings requisition for all the interests of creditors implemented within the statutory period, and against the behavior of the estate. It is favor of a fair trial of insolvency proceedings and cases, and Protecting the
legitimate rights and interests of the parties,guaranteeing equitable distribution of the estate,
and maintaining the normal social and economic order. Since 2007, the China's bankruptcy law has been implemented, and bankruptcy revocation and bankruptcy avoidance litigation also has got a clear specification. Experts also conduct to the litigation system research, and get plenty of achievements, however, the bankruptcy law develops slowly, and the content of law still has defects, there is anything else about it in the achievements. This paper intends to discriminate the content of the right of bankrupt, and some of procedures on bankruptcy right, in order to discuss of all aspects about the right of revocation, and also wish that acquire some best ideas to improve the level on it.
This article is divided into six parts. The first part introduces the bankruptcy revocation litigation and related concepts. Including cancellation right of civil law, bankruptcy, bankruptcy and bankruptcy revocation right of revocation right litigation related to the development of the concept of evolution, the related concept connotation and the mutual relationship. Bankruptcy revocation right is based on the principle of the right of revocation. They have a close relationship. Bankruptcy revocation is there as a special form of right of revocation. They both exist in the connotation of the identity and also have many differences in the specific applicable.