The Role of Court in the Legal Process of Corporate Reorganization：Views on Judicial Practice

• Main Authors: CHEN, HSIA-YI, 陳夏毅
• Other Authors: LAI, IN-JAW
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/70152975394030972049

碩士 === 國立臺北大學 === 法學系 === 95 === It has a significant value to set up corporate reorganization. The regulatory scheme helps a lot of financial distressed companies could be restructure in America and Japan. The companies that were restructured will economize the use of the cost from country, decrease the unemployment rate, lower dispute between the manager and the employ, and could put into production again. Thus, the function of corporate reorganization not only would promote economy to develop but also enhance competition of a country. In Taiwan, there are few financial distressed companies could be restructured through the current system of “corporate reorganization” that has been established for almost 40 years. The reason is that the system is often abused to be a tool that is a chip to negotiate with creditors, and to reach a goal that is cleared off debts delay. Besides, some people also use legal disadvantage of this system to pull out property of company. But even though the current system of “corporate reorganization” has some disadvantages, we still should not contradict its value. What we should do is find the questions and solutions in detail. The most important reason that the current system of “corporate reorganization” be abused is the system existing great legal problems. Other reasons just like academic circles and judicial circles neglect the system for a long time, judicial system is not integrity, a professional is lacked…etc. compose a poor legal environment to be pregnant with the system of “corporate reorganization”. To improve and review the flaws of “corporate reorganization” mentioned above, and enhance such system function for rescuing the companies from the financial default situation, the thesis not only endeavor to illustrate and examine the current corporate reorganization theoretically and practically, but also one of the most important subject of the thesis is “views on judicial practice”. As to the law comparison, the thesis selects the Bankruptcy Reform Act of 1978 and UNCITRAL Legislative Guide on Insolvency Law of 2004, which of them run through the entire thesis. The thesis will discuss the essential processes of corporate reorganization, and bring into the relative law include corporation law in Taiwan, R.O.C. and judicial practice. The thesis in the end will bring up some suggestions providing a systematic document and recommends for a future view.