連帶債權人 的英文怎麼說

中文拼音 [liándàizhàiquánrén]
連帶債權人 英文
duo rei stipulandi
  • : Ⅰ動詞1 (連接) link; join; connect 2 (連累) involve (in trouble); implicate 3 [方言] (縫) ...
  • : 名詞(欠別人的錢) debt; loan
  • : Ⅰ名詞1 [書面語] (秤錘) counterpoise; weight (of a steelyard)2 (權力) power; authority 3 (...
  • 連帶 : related; [數學] associate連帶保證 joint suretyship; 連帶保證人 joint guarantor; 連帶法律關系 join...
  1. Firstly, some basic concepts are not clear, such as what is the status of the company under liquidation, how to define the action of the industrial - commercial authority ' s invalidation of the license of the company, whether or not the share holders can sue to disincorporate the company, is it legal to dissolve a company without liquidation, what is special liquidation, under what situation will a company be obliged to disincorporate, who will be responsible for liquidation after the dis incorporation, etc. secondly, some primary legislative principles about disincorporation and liquidation that are adopted in foreign countries are not established in china, such as a company must be liquidated before disincorporation except for acquisition, the company remains valid during the liquidation until it finishes the invalidation registration, an ordinary liquidation must be replaced by a special liquidation under the instruction of the court when there is an impediment or a fraud, the company should apply to the court for bankruptcy when it is found that its debt is over its asset during the liquidation, the number of people execute liquidation can be several or just one, companies applied for annulment shall be judged by the court and must be liquidated, etc. thirdly, china does n ' t have some of the fundamental rules that are specified in the laws of foreign countries, such as the rule of disincorporation registration, the rule that the company should sue to let the court judge for disincorporation if there is a deadlock between share holders, the rule of credit trade - off in special liquidation, the rule that people who execute the liquidation are jointly responsible for compensating the loss of the third party caused by their activities that are illegal or vicious, the rule of special liquidation, the rule of the representation of the people who execute the liquidation, the rule of the court supervising the liquidation in an inactive way, the rule of how long the accounts and documents should be kept after disincorporation, etc. because of the lack in research and legislation, the system for companies leaving the market is highly disorganized, which harmed the interest of the creditors and relevant people, increased the risk of market exchange, damaged the order of the market economy and the ethic of doing business, wasted the resources of the society, and impaired the authority and seriousness of the law

    再次,國外立法上的一些基本制度我國沒有,如解散登記制度,股東出現僵局訴請法院判決解散制度,特別清算中的協定製度,清算因違法或惡意對第三承擔賠償責任制度,司法特別清算制度,清算的代表性制度,法院消極監督清算制度,帳薄及文件在公司解散后保存法定期限制度等。由於理論研究和立法的不足,造成了我國公司法退出市場機制的嚴重混亂,損害了和利害關系的利益,增加了市場主體交易不安全感,破壞了市場經濟秩序和商業道德,浪費了社會資源,削弱了法律的威性和嚴肅性。文章認為,完善我國公司解散和清算制度,應借鑒和引進發達國家的法學理論和法律制度,統一我國有關解散和清算立法,在基本概念、基本原則、基本制度、基本程序諸方面進行統一規范,填補立法空白,創設法院解散公司制度,廢除行政特別清算制度代之以司法特別清算制度,健全和嚴格違反清算規定的法律責任制度(包括民事責任,刑事責任,行政責任,改變現行行政處罰范圍偏廣,民事賠償范圍偏窄,刑事追究空白太多的不協調狀況) ,從而構築起科學的公司解散和清算制度,使之符合我國經濟生活的客觀需求,符合市場經濟發展的基本方向,並與國外立法通例趨同。
  2. It has formed its own theoratical system. on the non - essential joint and several liability, the case of indicting many debtors at the same time should introduce common - joinder

    不真正務中,一併起訴數個的情形應當適用普通共同訴訟方式進行合併審理。
  3. Article 154 the guarantor of the bankrupt person and other joint debtors shall continue to be liable for liquidation to obligatory rights not paid off in the procedure of bankruptcy liquidation after the conclusion of the bankruptcy

    第一百五十四條破產的保證和其他,在破產案件終結后,對未依破產清算程序受償的,應當繼續承擔清償責任。
  4. Article 87. when there are two or more creditors or debtors to a deal, each of the joint creditors shall be entitled to demand that the debtor fulfil his obligations, in accordance with legal provisions or the agreement between the parties ; each of the joint debtors shall be obliged to perform the entire debt, and the debtor who performs the entire debt shall be entitled to ask the other joint debtors to reimburse him for their shares of the debt

    第八十七條或者一方數為二以上的,依照法律的規定或者當事的約定,享有利的每個,都有要求履行義務負有義務的每個,都負有清償全部務的義務,履行了義務的,有要求其他負有義務的償付他應當承擔的份額。
  5. Article 87 when there are two or more creditors or debtors to a deal, each of the joint creditors shall be entitled to demand that the debtor fulfil his obligations, in accordance with legal provisions or the agreement between the parties ; each of the joint debtors shall be obliged to perform the entire debt, and the debtor who performs the entire debt shall be entitled to ask the other joint debtors to reimburse him for their shares of the debt

    第八十七條或者一方數為二以上的,依照法律的規定或者當事的約定,享有利的每個,都有要求履行義務;負有義務的每個,都負有清償全部務的義務,履行了義務的,有要求其他負有義務的償付他應當承擔的份額。
  6. Period of guarantee is the period within which the creditors perform the of ciaim towards the pricipal debtor ( general guarantee ) or ( joint guarantee )

    摘要保證期間是向主(一般保證)或者保證保證)行使請求的期間,在性質上屬于除斥期間。
  7. Each of the joint creditors

    享有利的每個
  8. Where any of the shareholders of a company evades the payment of its debts by abusing the independent status of juridical person or the shareholder ' s limited liabilities, and thus seriously damages the interests of any creditor, it shall bear joint liabilities for the debts of the company

    公司股東濫用公司法獨立地位和股東有限責任,逃避務,嚴重損害公司利益的,應當對公司務承擔責任。
  9. Joint debts in joint liabilities are important both in practice and theory. while the joint creditor ' s rights are not attached much importance to because of their rare applications in practice

    務在實務上和理論上具有重要意義,則因在實踐中較少運用,不被重視。
  10. Where a party has effected division after it entered into a contract, unless otherwise agreed by the obligee and obligor thereunder, the legal persons or other organizations resulting from the division jointly and severally assume the rights and obligations thereunder

    當事訂立合同後分立的,除另有約定的以外,由分立的法或者其他組織對合同的利和義務享有,承擔務。
  11. Article 50 : the claim of joint claimants may be filed by one among them acting as representative for all of the joint claimants or may be jointly filed by them

    第五十條?連帶債權人可以由其中一代表全體連帶債權人申報,也可以共同申報
  12. Article 41 as to joint creditors, one creditor can represent all the joint creditors in the declaration of obligatory rights and they may also declare separately

    第四十一條連帶債權人可以由其中一代表全體連帶債權人申報,也可以各自申報
  13. Article 42 the guarantor to the debtor or other joint debtors shall declare to the peoples court its obligatory rights as to its right of recourse rising out of bearing of joint duties

    第四十二條的保證或者其他,應當就其承擔清償義務而享有的追償,向民法院申報
  14. Article 72 rights enjoyed by conciliating creditors to the guarantor of the debtor and other joint debtors will not be affected by the conciliation agreement

    第七十二條和解對于的保證和其他所享有的利,不因和解協議的成立而受影響。
  15. Article 51 : if the guarantor of the debtor or another debtor bearing joint and several liability has discharged a debt on behalf of the debtor, it shall file its claim on the basis of its right to seek reimbursement from the debtor

    第五十一條?的保證或者其它已經代替清償務的,以其對的求償申報
  16. Article 129 where one or more joint debtors are declared bankrupt and the other joint debtor has paid off debts for the bankrupt person, it may exercise its right to recourse as the bankruptcy obligatory right

    第一百二十九條或者數受破產宣告的,其他已經代替破產清償務的,可以其求償作為破產行使利。
  17. Article 43 where joint debtors are applied to procedures of this law simultaneously or in sequence, their creditors are entitled to declare to the peoples court all the obligatory rights separately in each bankruptcy case

    第四十三條同時或者先後被申請適用本法規定的程序的,其就全部,分別在各破產案件中向民法院申報
  18. Article 52 : if a ruling is rendered stating that multiple debtors bearing joint and several liability shall each be subject to the procedure specified in this law, their creditors shall have the right to file all of their claims in each of the bankruptcy cases

    第五十二條?被裁定適用本法規定的程序的,其就全部分別在各破產案件中申報
  19. Article 128 where one or more joint debtors are declared bankrupt, the creditor may take the total amount of its obligatory rights at the time of bankruptcy declaration as bankruptcy obligatory rights and exercise rights separately to each bankrupt person

    第一百二十八條或者數受破產宣告的,可以其在破產宣告時的全額作為破產,對各破產行使利。
  20. Where one or more joint debtors are declared bankrupt, other joint debtor may exercise its future right to recourse, when paying off debts for the bankrupt person, as the bankruptcy obligatory right, except that the creditors have already exercised the total amount of the obligatory rights

    或者數受破產宣告的,其他可以其代替破產清償務的將來求償,作為破產行使利。但是,已就其全額行使利的,不在此限。
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