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Between restriction and protection: the experience, problems, and improvement path of judicial recognition of personal bankruptcy exempt property in China

Law

Between restriction and protection: the experience, problems, and improvement path of judicial recognition of personal bankruptcy exempt property in China

Y. Song and Y. Chen

This thesis delves into the judicial challenges of property exemption in personal bankruptcy cases in China, offering innovative solutions that balance the interests of debtors and creditors. Conducted by Yuxia Song and Yongxi Chen, this study makes a significant contribution to the field of personal bankruptcy law.

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Playback language: English
Abstract
This thesis analyzes the problems in the judicial practice of exempting property from personal bankruptcy in China using the Personal Bankruptcy Regulations of Shenzhen, judicial documents, and court cases. It proposes improvements to the scope of recognized exempt property, suggesting an 'inflationary approach' with exceptions to balance creditor and debtor interests. The study advocates for a recognition standard that specifies property types with regional limits, implementing a model combining enumeration and generalization guided by a 'flexibility principle'. This research provides a new sample for international comparative research on personal bankruptcy exempt property systems.
Publisher
HUMANITIES AND SOCIAL SCIENCES COMMUNICATIONS
Published On
Nov 07, 2024
Authors
Yuxia Song, Yongxi Chen
Tags
personal bankruptcy
exempt property
judicial practice
creditor-debtor balance
Shenzhen regulations
international comparative research

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