Difficulties and Solutions in Substantive Merger Bankruptcy of Affiliated Enterprises
DOI:
https://doi.org/10.62051/ijgem.v4n2.17Keywords:
Substantial merger bankruptcy, Legal framework, Creditor protectionAbstract
This paper provides an in-depth analysis of the theoretical foundation and practical implementation of the substantive merger bankruptcy system for affiliated enterprises, highlighting its significance and challenges in the contemporary economic environment. Through a comprehensive examination of the legal basis, value function, and current legal and judicial status of substantive merger bankruptcy, this study uncovers key issues in its execution while putting forward recommendations for improvement in legislation and judicial practice. The research emphasises the necessity to clarify legal standards, optimise creditor protection mechanisms, and implement appropriate commencement modes to improve efficiency, fairness, and transparency in insolvency proceedings, support the effective restructuring of complex enterprise clusters and ensure market stability.
Downloads
References
[1] He Xiaorong, Wang Fubo, Du Jun. Exploration and Improvement of Bankruptcy Administrator and Restructuring System - Understanding and Application of the “Minutes of the National Bankruptcy Trial Work Conference” (Part I) [J]. People’s Judicature, 2018 (13): 8
[2] Guo Yao. Analysis of the Application Standards of Substantive Merger Bankruptcy Rules in Affiliated Enterprises in China [D]. Jilin University, 2020
[3] Lyu Xiaoqian. Issues and Improvement Paths of the Substantive Merger Bankruptcy System of Enterprises [J]. China Economist, 2023 (4): 54-55
[4] Lyu Runfang. Research on the Issue of Substantive Merger Bankruptcy of Affiliated Enterprises [D]. Tianjin University of Commerce, 2021
[5] Xu Lu. Research on the Substantive Merger Bankruptcy of Affiliated Enterprises [D]. Soochow University, 2020
[6] Zou Chen. On the Substantive Merger Bankruptcy System of Affiliated Enterprises [J]. Rule by Law and Society, 2021, 000 (022): 48-49
[7] Gao Xiaogang, Chen Ping. On the Application of the Principle of Substantive Merger Bankruptcy Procedure of Affiliated Enterprises [J]. Journal of Law Application, 2020 (12): 13
[8] Pan Yao. Application of Substantive Merger Rules in the Bankruptcy of Affiliated Enterprises [C]. Shanghai Legal Studies Collection (Volume 7, Total Volume 31, 2020) - Collected Works of China University of Political Science and Law. 2020
[9] Sun Jikai. Misuse and Judicial regulation of Substantive Merger Bankruptcy of Affiliated Enterprises [D]. Shandong Normal University, 2023
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
How to Cite
