✔ 最佳答案
"People's Republic of China Bankruptcy law" the 31st stipulation, the
court accepts before the bankrupt application in a year, applies the
company which goes bankrupt to involve the free transfer, carries on
the transaction or the giving up creditor's rights behavior by
obviously the unreasonable price, the supervisor is authorized to
requested the court abolishes. "People's Republic of China Bankruptcy
law" the 32nd stipulation, the court accepts before the bankrupt
application six months, applies the bankrupt company in not to be able
to pay off the due debt, and the property is insufficient to pay off
the complete debt or obvious deficiently pays off the ability the
situation, still carried on to few creditors pays off, the supervisor
was authorized to requested the people's court abolished. The debt
offsets the agreement arrangement the essence is, TTT should receive
money by it to ZZZ receives in exchange for it to be supposed to
receive money to HTT. Front by the HTT present situation and the
financial condition, TTT carries on obviously states the transaction
(including its creditor) to be disadvantageous to TTT. Because TTT
obviously may gather the loans to the ZZZ sum total front, after but
carries on states the transaction (namely ZZZ to give certain
discount), actually with difficulty requests HTT to pay off the
creditor's rights, the transaction (including transaction price) is
obviously unreasonable. Therefore, the debt offsets the agreement to
have the possibility based on the above legal rule, by the TTT
supervisor was requested in the future the court abolishes.
2008-03-31 17:58:47 補充:
"People's Republic of China Contract Law" the 74th stipulation, the
debtor by obviously the unreasonable low price transfer property,
creates the harm to the creditor, and the grantee knew this situation,
2008-03-31 17:59:14 補充:
the creditor may request the court abolishes debtor's behavior. Based
on above analysis reason, even if TTT does not enter the bankruptcy to
criticize the procedure, also has TTT the creditor rests on the
contract method stipulation, by TTT by obviously the unreasonable low
2008-03-31 17:59:40 補充:
price (namely the ZZZ transfer, to the HTT creditor's rights)
transfers its receivable ZZZ to be supposed to receive money (is
regarded as TTT the property) to request the court cancellation debt
to offset the agreement the risk.
The debt offsets the foreign exchange question which the agreement
involves
2008-03-31 17:59:55 補充:
China's now still practiced the foreign exchange control system, the
debt offsets the agreement the arrangement to involve TTT and the ZZZ
non- trade settlement of exchange in fact and sells pays collects the
question. To the debt offsets the transaction amount which the
2008-03-31 18:00:29 補充:
agreement involves, the debt offsets the settlement of exchange which
in the agreement essence involves either sells pays collects needs the
2008-03-31 18:00:46 補充:
State Foreign Exchange Administration of China verification
authorization related settlement of exchange or sells pays collects
the item. If cannot obtain State Foreign Exchange Administration of
2008-03-31 18:01:05 補充:
China the authorization, the Chinese court has the possibility by the
following reason, recognized the debt offsets the agreement invalid:
First, the debt offset the agreement directly to violate in the
2008-03-31 18:01:17 補充:
exchange control rule settlement of exchange and to sell pays collects
the stipulation (namely to violate the Chinese law, laws and
regulations stipulation contract is invalid, in exchange control rule
contained concise quality which settlement of exchange and sold pays
2008-03-31 18:01:25 補充:
collects to stipulate, belonged to Chinese the laws and regulations
category); Second, the non- trade settlement of exchange and sells the
stipulation which pays collects even if belongs to the administrative
rules and regulations, does not belong to the Chinese laws and
2008-03-31 18:01:30 補充:
regulations, because China is implements the foreign exchange control
the country, violates the China exchange control system constitution
to harm Chinese the social public interest, the court has the
possibility to this to recognize the debt offsets the agreement to be
invalid.