A Study on the Conversion under the Insolvency Law for the Insolvent Companies in Taiwan

• Main Authors: Teddy Yang, 楊忠耕
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2007
• Online Access: http://ndltd.ncl.edu.tw/handle/41321842798391486382

碩士 === 世新大學 === 法律學研究所(含碩專班) === 95 === This research describes, at first, an overall situation of local Insolvency law systems for corporations. It mainly discusses issues relating to the conversion of legal proceedings from one to another. These issues include domestic regulations and its shortcomings, steps of modernizations of local bankruptcy laws, pending or delay in judiciary process dealing with financial-troubled corporate, and so forth. Conversion is one of the most important supporting mechanicism developed to prevent bankruptcy abuse in Insolvency proceedings, and plays a vital role to fairly treat all involved parties. From the point of view, easily converting between processes for candidate companies has not yet been fulfilled in Taiwan. Therefore, the main objective of this study is to further explore ways of improvement on any known foreign systems. To my belief, once effective conversion between different proceedings can be employed, the current flaws of bankruptcy case for Taiwan corporations are going to be mostly eliminated. In other words, the solve of debt disputes for insolvent companies leads to the problem of enhancing corporate’s competitive edges, as well as the well functioning of our country’s economy. There are six main chapters covered in this study: The first part is a brief introduction. The second part is intended to understand the meanings, characteristics and local situations of the Insolvency law. The third part is to discuss about the functions and mechanicism of conversion, and its law base certainly. The fourth part is an analysis and comparison of foreign law systems. The fifth part mainly focuses on related issues of other supporting mechanicism, such as Automatic Stay, that would jointly make the whole system effective. And the sixth part, as the last one, is the conclusions reached on my research.