JOURNAL OF BEIJING UNIVERSITY OF AERONAUTICS AND A ›› 2008, Vol. 21 ›› Issue (2): 55-59.

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The Cognizance of Right of Recession in Insolvency Law

FU Cui-ying, LIU Jing-yao   

  1. School of Law, Beijing University of Aeronautics and Astronautics, Bei jing 100083, China
  • Received:2007-10-10 Online:2008-06-25 Published:2010-05-13

Abstract:

The system of Right of Recession stipulated in the new Insolvency Law needs all -dimensional interpretation in theory , then it can be applied accurately. The system of Right of Recession in Insolvency Law includes misconduct and discharge of debt towards individual creditors. The charitable contributions conforming t o the situation of recession in Insolvency Law should be recognized as misconduc t and be rescinded. The discharge of debt towards individual creditors should be specified and we can use the American legislation for reference.

Key words: bankruptcy, the right of bankruptcy rescission, cognizance

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