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International Journal of Frontiers in Sociology, 2023, 5(9); doi: 10.25236/IJFS.2023.050901.

Analysis of the applicable standards for substantive merger bankruptcy of related enterprises

Author(s)

Furong Wei

Corresponding Author:
Furong Wei
Affiliation(s)

Dalian Ocean University, Dalian, 116023, China

Abstract

The substantive merger system of affiliated enterprises plays an important role in the normal operation of the judicial procedure of China's bankruptcy law. But in the actual process, because of the lack of related legislation and judicial interpretation, courts in various places have no exact legal basis in adjudicating the merger bankruptcy case of affiliated enterprises. In our country, the courts are highly unanimous in recognizing the legitimacy and rationality of the standard of highly confused legal personality, but there are still some disputes on whether the other standards are applicable, which is easy to lead to disputes in judicial practice when the court is facing bankruptcy cases of affiliated enterprises. Therefore, the adaptation standards of merger and bankruptcy of affiliated companies need to be clarified.

Keywords

Affiliated enterprises; Substantive consolidation bankruptcy; Legal personality system; Applicable standard

Cite This Paper

Furong Wei. Analysis of the applicable standards for substantive merger bankruptcy of related enterprises. International Journal of Frontiers in Sociology (2023), Vol. 5, Issue 9: 1-5. https://doi.org/10.25236/IJFS.2023.050901.

References

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