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-
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,特別清算中的債權協定製度,清算人因違法或惡意對第三人承擔連帶賠償責任制度,司法特別清算制度,清算人的代表性制度,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,造成了我國公司法人退出市場機制的嚴重混亂,損害了債權人和利害關系人的利益,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,削弱了法律的權威性和嚴肅性。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。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
不真正連帶債務中,債權人一併起訴數個債權人的情形應當適用普通共同訴訟方式進行合併審理。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人的保證人和其他連帶債務人,在破產案件終結后,對債權人未依破產清算程序受償的債權,應當繼續承擔清償責任。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
第八十七條債權人或者債務人一方人數為二人以上的,依照法律的規定或者當事人的約定,享有連帶權利的每個債權人,都有權要求債務人履行義務負有連帶義務的每個債務人,都負有清償全部債務的義務,履行了義務的人,有權要求其他負有連帶義務的人償付他應當承擔的份額。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
第八十七條債權人或者債務人一方人數為二人以上的,依照法律的規定或者當事人的約定,享有連帶權利的每個債權人,都有權要求債務人履行義務;負有連帶義務的每個債務人,都負有清償全部債務的義務,履行了義務的人,有權要求其他負有連帶義務的人償付他應當承擔的份額。Period of guarantee is the period within which the creditors perform the of ciaim towards the pricipal debtor ( general guarantee ) or ( joint guarantee )
摘要保證期間是債權人向主債務人(一般保證)或者保證人(連帶保證)行使請求權的期間,在性質上屬于除斥期間。Each of the joint creditors
享有連帶權利的每個債權人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人獨立地位和股東有限責任,逃避債務,嚴重損害公司債權人利益的,應當對公司債務承擔連帶責任。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
連帶之債中連帶債務在實務上和理論上具有重要意義,連帶債權則因在實踐中較少運用,不被人重視。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
當事人訂立合同後分立的,除債權人和債務人另有約定的以外,由分立的法人或者其他組織對合同的權利和義務享有連帶債權,承擔連帶債務。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人代表全體連帶債權人申報債權,也可以共同申報債權。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人代表全體連帶債權人申報債權,也可以各自申報債權。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
第四十二條債務人的保證人或者其他連帶債務人,應當就其承擔連帶清償義務而享有的追償權,向人民法院申報債權。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
第七十二條和解債權人對于債務人的保證人和其他連帶債務人所享有的權利,不因和解協議的成立而受影響。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?債務人的保證人或者其它連帶債務人已經代替債務人清償債務的,以其對債務人的求償權申報債權。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
第一百二十九條連帶債務人一人或者數人受破產宣告的,其他連帶債務人已經代替破產人清償債務的,可以其求償權作為破產債權行使權利。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
第四十三條連帶債務人同時或者先後被申請適用本法規定的程序的,其債權人有權就全部債權,分別在各破產案件中向人民法院申報債權。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?連帶債務人數人被裁定適用本法規定的程序的,其債權人有權就全部債權分別在各破產案件中申報債權。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
第一百二十八條連帶債務人一人或者數人受破產宣告的,債權人可以其在破產宣告時的債權全額作為破產債權,對各破產人行使權利。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
連帶債務人一人或者數人受破產宣告的,其他連帶債務人可以其代替破產人清償債務的將來求償權,作為破產債權行使權利。但是,債權人已就其債權全額行使權利的,不在此限。分享友人