Related knowledge-the significance of establishing creditor's subrogation With the development of China's socialist market economy, disputes over creditor's rights and debts have also increased rapidly, which was once regarded as a stubborn disease that plagued the reform and development of state-owned enterprises, which not only brought harm to the normal production and operation of enterprises, but also affected social stability to a certain extent and caused certain obstacles and confusion to judicial activities. The execution of debt cases is becoming more and more difficult, which has caused great harm to social and economic order and business ethics.
The subrogation system established for the first time in the Contract Law of People's Republic of China (PRC) has broken through the traditional civil law theory and the concept of debt preservation in China, made up for the shortcomings of traditional debt relief methods, and expanded the statutory debt relief from a single debt subject to the creditor's subrogation, which is manifested in:
First of all, the establishment of creditor's subrogation system is conducive to protecting the legitimate rights and interests of creditors and satisfying their claims. Before modern civil law, creditors were strong, debtors were weak, debtors borrowed money for consumption, and laws tended to protect debtors. Today, the purpose of lending is more for financing and profit, the debtor is no longer weak, and the law is more inclined to protect creditors. In the current economic development of China, the opposition between debtors and creditors is unbalanced, with debtors in a strong position and creditors in a weak position. Some debtors don't try to pay their debts, but hide their property by hook or by crook to avoid their debts, or don't claim their debts at all, or even give up their debts. Creditors have to spend a lot of energy to "beg" debtors in order to repay their debts. Even in the stage of litigation and execution, there are still many difficulties in realizing creditor's rights. The establishment of creditor's subrogation system provides a legal basis for creditors to realize their claims through self-help.
Secondly, the establishment of creditor's subrogation system is conducive to the development of judicial activities. With the rapid development of social economy, the relationship between creditor's rights and debts has become more and more complicated, and debt disputes have also increased sharply. In the past, when people's courts tried debt cases, the subject of their rights could only be the creditor or the plaintiff, and the subject of their obligations could only be the debtor or the defendant. It rarely involves the third party, and the creditor can't directly claim the right to the third party through subrogation, let alone hold the debtor responsible for being lazy in exercising his creditor's rights. In the execution procedure, the people's court can only seize and withdraw the debtor's debt income, seal up, seize, freeze, auction and sell the debtor's property, but it does not involve the debtor's property rights to a third party, and this part of the property cannot be used as the subject of enforcement. When the debtor does not have enough property to perform his debts, he deliberately fails to exercise his creditor's rights. Creditors have no way to deal with debtors, and it is difficult for courts to take compulsory measures against debtors' claims.
This provision of subrogation in contract law enables creditors to increase the debtor's debt property by exercising subrogation, which provides a more detailed legal guarantee for solving the problem of "difficult debt collection and execution" and realizing creditor's rights. Creditor's subrogation Finally, the establishment of creditor's subrogation system is the need of the development of market economy. Modern economy has developed from natural economy to credit economy. Credit economy is a special form of value movement based on repayment, and it is the unity of borrowing and returning. If one of the chains is cut off, bank credit, capital credit, consumer credit and even national credit may be cut off, and its negative impact is enormous. It is difficult to collect debts and implement them, which makes the realization of creditor's rights in trouble. This is not only a matter of interest between creditors and debtors, but also a matter of credit basis involving the whole social transaction. The existence of a large number of bad debts makes the "soft constraint" of China's market credit lose its due binding force, and even endangers the financial order and the normal development of the market economy. Therefore, the protection of creditor's rights should be based on the healthy and orderly development of market economy to protect the safety of market credit and commodity trading. Creditor's subrogation provides a new way and choice for restraining and regulating debt behavior, which enables creditors to protect and realize their creditor's rights more effectively, thus providing guarantee for maintaining market credit and promoting market economic development.
Can I invest in gold at present? Hello!
At present, most of the domestic investment gold is Shanghai gold TD, bank paper gold, gold futures, followed by physical gold.
1, needless to say, physical gold, as we all know, go to the bank to buy gold bars, or go to the gold shop to buy them, and then wait for the appreciation.
2, gold TD, you can open an account in a bank, or find an account opening company, which is convenient and simple.
3, gold futures, this must be opened in a futures company, and investment can only be made after opening an account.
4. Paper gold can be invested by online banking.
5. Spot gold and spot yellow Kim Jae Jung are gray products, so it is illegal in China. To do spot gold, we can only consider doing it through an intermediary company.
At present, the price of gold is relatively low, so we can consider doing it, but we don't want to operate with large funds.
What is the investment prospect of ramie? line
Which investment prospect is the best for small investment? Now many people want to start their own businesses. Opening a dry cleaner is a good choice, but it is also a university. At the beginning of opening a dry cleaner, you can consider 1, and whether there is a dry cleaner concentration area nearby. Never open it in a concentration area. 2, you have to choose the location of the dry cleaner, is there a food market and supermarket next to it, and the most important thing is the flow of people. I run a franchise store in Nanjing Aojie, and I also visited Nanjing headquarters at first. The training also provides accommodation and technical training free of charge. At the beginning, I bought more than 65438+100000 dry cleaning equipment from small dry cleaners, and all the equipment was delivered to my home free of charge. The cost is very low, and the cost is recovered in three months. Now waiting to make money.
Enterprises need PE investment, but will PE investment bear the original debts of enterprises and repay them in one lump sum? Private investment definitely depends on the future. If the burden is too heavy, it is generally not good. Unless there is great development prospect. That's what you have to do, throw money and help you pay your debts.
Current investment prospects: Heng Chang Company should be the first to operate p2p, which has been more than ten years.
Regardless of whether the capital invested in the early stage is debt capital or not, capital is essential for the survival of an enterprise, especially in today's situation, survival is far more important than development. Only enterprises with capital can survive, and enterprises with professional knowledge can develop better.
Does the divorced woman need to take responsibility for the debts she owes because of the investment failure? If the debt occurs during the marital relationship between husband and wife, and the debt is used for family life, it shall be shared by both parties.
On the other hand, it is not necessary.
Are there any shareholders who only invest and don't assume corporate responsibility? No, each shareholder shall bear limited liability to the company with the amount of capital contribution subscribed, and the company shall bear liability for its debts with all its assets.
Lawyer Dai Xiaoyan of Zongheng Law Network
Are the creditor's rights and debts (financing) before the share transfer borne by the previous shareholders? This is generally not the case. If the details are listed, they will all be transferred to the original shareholder's name. Borrowing: other receivables-original shareholders (all creditor's rights) loans: accounts receivable-detailed borrowing: accounts payable-detailed (all debts) loans: other receivables-original shareholders.