Signed, Sealed, Delivered - but Yours? Debtor's assets and the scope of the bankruptcy estate under Norwegian and Chinese law
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The thesis examines the intersection between property law and bankruptcy law, and compares the scope of the insolvent debtor’s assets under Chinese and Norwegian law. After an examination of the general rules on transfer of ownership, the thesis compares the rules on retention of title and security interests in order to answer a general question: When may a bankruptcy estate seize movable property to which a third party has a conflicting right? In the broader scope, the comparison also demonstrates how Chinese and Norwegian law both take a utilitarian approach to lawmaking, perhaps more concerned with the needs of a modern economy than the roots of legal tradition.
PublisherThe University of Bergen
SubjectNorwegian lawChinese lawChinese Draft Civil CodeFixed chargeEiendomsrettens overgangHåndpantDebtorSecurity interestPledgeKonkursdebitorProperty lawSalgspantLienCreditorMortgageTransfer of ownershipFloating chargeUnsecured creditorRetention of ownershipConsensusThird partyKonkursskyldnerAvtaleprinsippUnderpantNorsk rettPantVarelagerpantTitle retentionKomparativ rettBankruptcyBankruptcy lawCivil lawMovable propertyTilbakeholdsrettMovablesAgreementTingsinnbegrepspantDekningsrettInteresselærenSecured creditorChattelInsolvent debtorKonkursrettDeliveryTraditioSecured transactionsTilhører skyldnerLegal protectionRetention of titleInsolvencyRegistrationKinesisk rettComparative lawDekningslovenDriftstilbehørspantThird-party protectionKreditorbeslagLeveringsprinsippEiendomsbegrepLøsøre
- Faculty of Law 1229
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