We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Chinese cross-border insolvencies: current issues and future developments<FNR>*</FNR><FN>This article was prepared mainly during my academic visit to the Centre for Commercial Law Studies (CCLS), Queen Mary and Westfield College, University of London from 20 February 2000 to 19 August 2000. I would like to express special and enduring gratitude to Professor Ian F. Fletcher not only for his constructive comments on this article but also his ardent encouragement for this research. Errors of fact, judgment are of course mine. In addition, the financial support from EU-China Higher Education Cooperation Program for my academic visit to CCLS is acknowledged with appreciation as well. </FN>
- Authors
Jingxia Shi
- Abstract
This article deals with several problems pertaining to cross-border insolvency, an important but ignored area in China. In this article, the current status of Chinese bankruptcy laws has been firstly addressed, with a focus on its legal blank on cross-border insolvency and unsatisfactory judicial practice. Thereafter, the influential Guargdong International Trust and Investment company case has been analysed, which further highlights the inadequacy of Chinese bankruptcy legislation and crying needs for its reform. Basing on the essential principles embodied in the United Nations Commission on International Trade Law Model Law and European Union Regulation, the gaps between Chinese bankruptcy laws and international practice have been made clear. Accordingly, the developments of Chinese cross-border insolvency have been proposed in order to provide helpful references for the future legislation. Copyright © 2001 John Wiley & Sons, Ltd.
- Subjects
CHINA; BANKRUPTCY; GUANGDONG International Trust &; Investment Corp.; BUSINESS failures; COMMERCIAL law
- Publication
International Insolvency Review, 2001, Vol 10, Issue 1, p33
- ISSN
1180-0518
- Publication type
Article
- DOI
10.1002/iir.79