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  • 标题:Property and the Insolvent Estate
  • 本地全文:下载
  • 作者:David Brown
  • 期刊名称:Journal of South Pacific Law
  • 印刷版ISSN:1684-5307
  • 出版年度:2007
  • 卷号:11
  • 期号:01
  • 页码:89-106
  • 出版社:University of the South Pacific
  • 摘要:As a teacher, researcher and practitioner of both insolvency and property law over the last twenty years, I have found that insolvency law is an ideal vehicle for exploration of fundamental questions surrounding the nature of property, including, of course, security interests. In the case of bankruptcy of individual insolvents, and liquidation of corporate entities, these state-endorsed procedures involve the need to demarcate property or assets of the debtor which will be made available for distribution to creditors. Both procedures, through different conceptual routes, involve a change in the status of the debtor with respect to the demarcated assets, and both involve a third party into whose custody and control such assets are placed and who, while appointed for the benefit of creditors, stands in the debtor¡¯s shoes with regard to the debtor¡¯s property or assets.
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