論美國破產(chǎn)管理人制度.pdf

1、對外經(jīng)濟貿(mào)易大學碩士學位論文論美國破產(chǎn)管理人制度姓名：任谷龍申請學位級別：碩士專業(yè)：國際法指導教師：冀宗儒20050301II ABSTRACT This thesis examines the Bankruptcy Trustee in the United States of America and tries to give suggestions of incorporating the Bankruptcy Trustee i

2、nto the legislating Bankruptcy Law of the People’s Republic of China. The U.S. Bankruptcy Trustee is overviewed in the first part. The second part covers the powers and duties of the Bankruptcy Trustee. Trustees are

3、authorized with powers necessary for the management of bankruptcy proceedings, among which avoidance power, power to sue and to be sued, and operation powers are of the most importance. Duties

4、and liabilities are indispensable to qualify any rights. Duties include mandatory duties and fiduciary duty. The former is provided in the Bankruptcy Code and the latter is imposed from equity law. Th

5、e breach of duty by the Trustee may cause him personal liability , but the standard to determine the breach of duty varies in both theory and practice. The thesis analyzes the forgoing with p

6、lenty of cases and literatures of America. With the experience from American law, the last part concerns the bankruptcy practice in China. After examining the practice of Liquidation Group and analyzing th