The Exploration Of Insolvency System Applied To Nature Person－Focus on Consumer Insolvency Act

• Main Authors: Chan Chin-Shan, 張誌善
• Other Authors: Pan Shiu Chi
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/71620552207027616389

碩士 === 國防大學國防管理學院 === 法律研究所 === 97 === The enforcement of Consumer Insolvency Act（CIA） in order to reopen a new life’s door and help debtor to solve heavy debt. In a certain condition, the debtor can apply for reorganization or liquidate. Thus the debtor can take a legal process to solute debt problem but the creditor obtain fair reimbursement. If we carefully observed the legislative purpose we will understand that the CIA is a milestone in our insolvency’s system. The enactment of CIA also reference some foreign instance of legislation and combined the different advantages in the CIA which quoted from Japanese, American, Germany insolvency system. Therefore, to write this thesis we hope to get some of experience and reference through their enforcement situation. So we will implement the justice spirit of CIA. However, the insolvency system has balance the debtor and creditor. This thesis try to find the balance point from the competitive and cooperative relationship. In addition, to write this thesis to analyze the laws which keep both debtor and creditor can get a win-win situation. Although, the CIA still have dispute problems with different opinions during the enforcement. This thesis try to make suggestions to solute dispute problem and make insolvency system more integrity.