论破产抵销权-民商法学专业论文.docxVIP

华东政法学院硕士论文Study 华东政法学院硕士论文 Study on R i ght of Set—‘off i n Bankruptcy Abstract Subject：Educational qual ification Major：Civil Law Name：HANG Gang Instructor： LI Xi—he Right of set—off in bankruptcy means after the debtor go bankrupt，the bankruptcy creditor who has the debt to the debtor may not follow the procedure of bankruptcy and set off i ts debts shouldered．Right of Jet—off in bankruptcy has important status in bankruptcy field，the nature of right of set—off in bankruptcy is legal set—off．Different views exist in educational field about right of set—off in bankruptcy．I think right of set—off in bankruptcy is a part of civi l set—off．Because i f so right of set—off i n bankruptcy can base on civil law set-off，A1so can avoid confusion in the judicial practice．Even so，there is some difference between right of set—off in bankruptcy and civil set—off at the factors and purpose．Right of set～off in bankruptcy has efficiency and guarantee in function the same as civi 1 set—off．But it lays particular emphasi s on the function of guarantee． In the area of essential factors，right of set—off in bankruptcy not only accords with the demand of legal set—off in civil law，but also expand or 1imit the essential factors of legal set—off for the purpose of fairy and efficiency． Ill 华东政法学院硕士论文It 华东政法学院硕士论文 It is generally acknowledged that written way should be used when the ereditor performs right of set—off in bankruptcy the same as legal set—off． But there are different views about if the right of set—off in bankruptcy must be declared and investigated．The first one says the creditors should undergo this procedure for the goal of faery，justice and transparency．The second one says the procedure that the creditor undergone is not a procedure that the credi tor must go through，so bankrupt law should not require the credifor’s right must be declared．The third one says if there are not disputes about the relevant item at credi tor’s rights between the creditors and the debtor．I