In the flourishing era of enterprise groups,how to regulate enterprise group insolvency has become the focus of bankruptcy theory and practice.The bankruptcy treatment of enterprise group needs to consider how to reflect the economic structure of enterprise group in the bankruptcy procedure.The German enterprise group bankruptcy reform preserves the overall value of the enterprise group and the synergies embedded in the enterprise group by constructing a procedural coordination framework,avoiding the loss of value and the deterioration of creditors'situation caused by the decentralized bankruptcy administration of group member companies'debtors.The German model legislation is instructive and provides reflections and references for China to deal with the bankruptcy of enterprise groups.The future improvement of the Enterprise Bankruptcy Law should build a procedural coordination framework to provide alternative tools for regulating the bankruptcy of enterprise groups.
关键词
企业集团破产/程序协调/集中管辖/集中管理/合作义务
Key words
enterprise group bankruptcy/procedural coordination/centralized jurisdiction/centralized administration/duty of cooperation
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