别除权研究-民商法专业毕业论文.docx

Abstract
BankruDtcy Law’S essence iS to allocate the bankrupt’s propertleS equitably among all creditors and related ,when it’s P“t into Dractice,the Bankruptcy Law does not simply distribute the properties jn DroDortion as per creditors’ and obligees’repuests, but treat them respectively according to their droit right is a kind of special right in bankruptcy one hand,it can be exert8d independently from related bankruptcy the other hand,it has advantage in getting repayment over ordinary creditor’s rights· Its owner is entitled to the priority of pensated separately at any ti“。‘ Therefore. the identification and employment of Exemption right in the Bankruptcy Law is not only important to creditors,but also propitious to fairly proteet bankrupts’ justitable there are fe” regulations on Exemption right in current Law, and still many issues on judicature annotation,the rating study on Exemption right will certainlv contribute to the improvment of related legislaton and judiciary·
This dissertation talks about Exeption right in five sections·
Section I is a summary of Exemption right,including its concept and relationship with security credit and credit of bankrupts,and the c。nnection between its exertion and bankruptcy is held that (1)The bonded properties is a part of bankruptcy properties,SO th8t th8
securitv credi t belongs to credit of bankrupts.(2)There is essential
difference between security credit and Exemptions is coutmon credit, and the other iS security can not be mixed up;(3)The exertion of Exemption right is connected to,but not confined by bankruptcy
procedure
Section II refers to the specialties of Exemption ana]ysiS on some rights which have the potential to be specialties of Exemption right is invited of domestic and foreign regulations on exemption rights in Bankruptcy Law,it briefs the s