Legal Study on Insolvency Regime

• Main Authors: Han-Tang Hsu, 徐漢堂
• Other Authors: Jiunn-Rong Yeh
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/58488998560938224261

碩士 === 國立臺灣大學 === 法律學研究所 === 95 === Based on the introduction of the basic concepts, meaning and two fundamental purposes of modern insolvency regime, this thesis raises the elements of sound insolvency regime and the re-position of such regime, and processes for further analysis accordingly. First of all, this thesis finds Taiwan’s current insolvency regime, which is composed of Bankruptcy Code and Corporate Reorganization clauses of Company Law, has institutional defects and improper restrictions from the judicial precedents. Therefore, Taiwan’s insolvency regime should be reformed. The card debt storm was the driving force for the publice sectors to advance relative countermeasures, including the innovative drafts to replace the current insolvency regime. Secondly, this thesis analyses and compares the regulations, relative institutions, experiences and recent reform of the insolvency regime of U.S., Hong Kong and Japan. Following the review of the structure and the main contents of the drafts of Consumer Insolvency Act and Insolvency Code proposed by the Judicial Yuan, this thesis brings up the three-layer analysis of such drafts, which recommendes to set a wholely new insolvency regime based on such drafts, to free the debtors from being levied on the amounts he or she received through discharge, to simplify the number of relating codes, to establish a platform for the governmental and civil institutions to integrate respective standings and opinions, to enhance the protection of creditors’ rights, to take more positive measures to prevent moral hazard, to set proper infrastructure to deal with a large number of coming insolvency petitions, to make strategic assessments on the Residence Mortgage Loan Clause of the draft of Consumer Insolvency Act and the impact of the entirely reformed insolvency regime.