Abstract
No consensus has been reached in the academic community regarding the principles and criteria for the application of substantive consolidation in bankruptcy.However,in judicial practices,the substantive consolidation doctrine has been applied to handle enterprise bankruptcy cases.This paper summarizes the dilemmas in the judicial application of substantive consolidation in bankruptcy through case analyses.The paper also proposes pathways for improving the judicial application criteria for the substantive consolidation in bankruptcy of affiliated enterprises in China,that is,comprehensively assessing the degree of corporate personality confusion from multiple perspectives;considering the cost and difficulty of asset segregation as supplementary elements;weighing the protection of creditors'interests;and taking into account the feasibility and necessity of consolidation and reorganization.
国家科技期刊平台
NSTL
万方数据