The question of economic law

Yes. A is a general partnership. Therefore, according to Article 38 of the Partnership Enterprise Law, if a loss occurs during the period of partnership operation, a partnership enterprise shall first pay off its debts with all its assets.

Article 39 stipulates that if a partnership enterprise is unable to pay off its debts, the partners shall bear unlimited joint and several liability. Article 40 stipulates that if the amount of repayment by the partners exceeds the profit distribution and loss sharing of the partnership enterprise due to their unlimited joint and several liability, the amount of repayment exceeds the profit distribution and loss sharing of the partnership enterprise in the first paragraph of Article 33 of this Law, it shall be handled in accordance with the provisions of the partnership agreement; If the partnership agreement is not agreed upon or the agreement is not clear, the partners shall decide through consultation; If the negotiation fails, the partners shall distribute and share according to the proportion of paid-in capital contributions; If the proportion of capital contribution cannot be determined, it shall be equally distributed and shared by the partners. The partnership agreement shall not stipulate that all profits shall be distributed to some of the partners or that some of the partners shall bear all losses.

If the proportion of its loss sharing is stipulated, it has the right to recover from other partners.

Company A became insolvent and filed for bankruptcy. Company A's existing assets totaled 20 million yuan. In order to smoothly distribute the property, it is necessary to ask an intermediary agency to manage the bankruptcy affairs, which needs to cost 800,000 yuan.

Company A still owes 2 million yuan in state taxes, 5 million yuan in wages and benefits and labor insurance expenses to employees, and 6 million yuan (including 20 million yuan) to the bank, of which 4 million yuan is mortgaged and the remaining 2 million yuan is not mortgaged. 15 million yuan owed to other companies and individuals. In addition, a year before the bankruptcy, Company A had publicly promised to donate 2 million yuan to an orphanage, but it had not been fulfilled.

Based on this scenario, please settle these expenses or debts for this company in accordance with our Bankruptcy Law.

After the company's bankruptcy application, it shall review the situation in accordance with the law and confirm that the conditions for filing the case are met, that is, the bankruptcy procedure shall be ruled in accordance with the law. Then a liquidation group is formed in accordance with the law, the application for creditor's rights is announced, a creditors' meeting is convened, the qualifications of creditors are reviewed, and the debts are repaid in accordance with the legal order through the distribution plan. According to Article 113 of the Bankruptcy Law, the bankruptcy estate shall pay off other debts in a certain order after giving priority to the repayment of bankruptcy expenses and public welfare debts.

Then, after the preferential allocation of 800,000 yuan of bankruptcy expenses, the bankruptcy estate shall be repaid in the following order: 1. 5 million yuan of wages and labor insurance fees owed by the bankrupt company; 2. The tax owed by the bankrupt company is 2 million; 3. Bankruptcy creditor's rights. And because the just-promulgated "Enterprise Bankruptcy Law" clearly stipulates that in the debtor's.

Among all property, the secured claim has the highest priority in the payment of the collateral, and the unsecured property and the remaining property after the repayment of the secured claim are used for bankruptcy distribution after the payment of bankruptcy costs. Therefore, the Bankruptcy Law stipulates that after the preferential bankruptcy claims are repaid, there is still the remaining bankruptcy estate, and when the bankruptcy claims in the same priority are repaid, if the bankruptcy estate is insufficient to pay off, they shall be evenly distributed according to the proportion of the creditor's rights.

Therefore, the remaining 8.2 million were repaid to the bank, donated to the orphanage, and repaid to other companies and individuals.

2. ABCD shareholders shall be jointly and severally liable. However, BCD can recover from A after repayment.

3. The order of repayment is: 1. 400 bank mortgage debts, 2. 80 bankruptcy expenses, 3. wages and medical treatment, disability subsidies and bereavement expenses owed by the bankrupt person to employees, basic endowment insurance and basic medical insurance expenses that should be transferred to the personal accounts of employees, and 500 compensation that should be paid to employees according to laws and administrative regulations; 4. State tax 200, 5, bank unsecured 200 and other people's debts 1500 and pledged donations to distribute the remaining assets in proportion. Please refer to the excerpt from the Bankruptcy Code.

The bankruptcy estate shall be paid off in the following order after the bankruptcy expenses and common debts have been paid off first:

1) The wages and medical treatment, disability allowance and bereavement expenses owed by the bankrupt person to the employees, the basic endowment insurance and basic medical insurance expenses that shall be transferred to the personal accounts of the employees, and the compensation that shall be paid to the employees according to laws and administrative regulations;

2) the social insurance premiums owed by the bankrupt person other than those provided for in the preceding paragraph and the taxes owed by the bankrupt person;

3) Ordinary bankruptcy creditor's rights.

If the bankruptcy estate is insufficient to satisfy the claims in the same order, it shall be distributed proportionately.

I can't see the first question, only.

Two or three questions, you can add them and I'll take a look.

Summary. The difference between the subjects of economic law refers to the differences between different subjects of economic law. These differences may include differences in legal status, asset size, business scope, business mode, business environment, etc.

However, the differences in the subjects of economic law do not include the following: Differences in people: The differences in the subjects of economic law should not be affected by factors such as the gender, age, skin color, religious beliefs, and marital status of individuals.

Social differences: The differences in the subjects of economic law should not be affected by factors such as social status, education level, education level, and geographical location. Principle of fairness:

The differences between the subjects of economic law shall conform to the principle of fairness of the law and shall not violate the principle of fairness of the law. Human rights principles: The differences between the subjects of economic law should conform to the human rights principles of the law and must not violate the human rights principles of the law.

The question of economic law

That's it.

The difference between the subjects of economic law refers to the differences between different subjects of economic law. These differences may include differences in legal status, asset size, business scope, business mode, business environment, etc. However, the differences between the subjects of economic law do not include the following:

Human differences: The differences in the subjects of economic law should not be affected by factors such as gender, age, skin color, religious belief, marital status, etc. Differences in society:

The differences between the subjects of economic law should not be affected by factors such as social status, education level, education level, and geographical location. Principle of fairness: The differences of the subjects of economic law shall conform to the principle of fairness of the law and shall not violate the principle of fairness of the law.

Human rights principles: The differences between the subjects of economic law should conform to the human rights principles of the law and must not violate the human rights principles of the law.

Hello, D of economic law, D of market

Hello! Divide the market, if there is only one enterprise in the industry, it can be divided into a complete monopoly market; If there are only a few large enterprises, it is an oligopoly market; If there are a large number of enterprises, they can be classified as a perfectly competitive market or a monopolistic competitive market.

1) Jointly and with unlimited liability. At the same time, the liability for liabilities shall be unlimited with their personal property. In this case, although Li had already withdrawn from the partnership, he should be liable for the debts of the withdrawal money.

1. (1) The assignment of creditor's rights shall take effect when an agreement between A and C is reached on June 1. June 5 will take effect for B when notifying B.

According to the relevant provisions, if the creditor transfers the right of the creditor's right to a third party, the debtor's consent is not required, but the debtor shall be notified. Without notice, the assignment is not effective against the debtor.

2) D's guarantee claim against A is also assigned to C.

Reason: According to the relevant provisions, the security right belongs to the category of subordinate rights, and if the creditor transfers the right, the transferee obtains the subordinate right related to the creditor's right, unless the subordinate right is exclusive to the creditor itself.

3) C can require B to bear the payment obligation of 1 million.

Reason: According to the relevant provisions, in the assignment of creditor's rights, the debtor's intention cannot determine the validity of the assignment of creditor's rights, and the creditor notifies the debtor of the assignment of creditor's rights, and the assignment of creditor's rights takes effect against the debtor, and the debtor needs to perform to the assignee to extinguish the debt. Therefore, if B still performs to A after A notifies B, it cannot be liquidated and its debt cannot be extinguished.

4) Whether B's claim is valid.

Reason: All defences of the debtor against the antigen creditor may be used against the assignee, unless otherwise provided by law or otherwise provided by the parties. (After C can accept B's 900,000, A's liability for the defective guarantee of the assigned debt can be pursued.) ）

2. (1) The mortgage contract was entered into on June 1, 2016. Reason: The validity of the mortgage contract is from the time when the two parties sign the mortgage contract.

2) B can claim that the sales contract is invalid, and B can exercise the mortgage right on the motorcycle.

Reason: During the existence of the mortgage right, if the mortgagor transfers the mortgaged property without the consent of the mortgagee, the mortgagee's request to exercise the mortgage right or confirm the invalidity of the sales contract shall be supported. However, the mortgage right of the mortgagor to pay off the debt is extinguished, or the mortgage right of the transferee to pay off the debt on behalf of the mortgagor is extinguished.

3) How to deal with this case:

If the mortgagor transfers the mortgage without notifying the mortgagee or the transferee, the mortgagee may still exercise the mortgage if the mortgage has been registered; The transferee who obtains the ownership of the mortgage may pay off all its debts on behalf of the debtor and extinguish the mortgage. The transferee may recover from the mortgagor after paying off the debt.

If the transferee clearly knows that it is the mortgage, if the act damages the interests of the mortgagee, the mortgagee has the right to request the people's court to revoke the transfer. or the transferee to pay off the debt on behalf of the mortgage, extinguished.

During the mortgage period, if the mortgagor transfers the mortgaged property with the consent of the mortgagee, it shall pay off the debts or deposit the proceeds of the transfer to the mortgagee in advance. The part of the transfer price that exceeds the amount of the claim shall belong to the mortgagor, and the debtor shall pay off the shortfall.

1. Effective. This act involves two legal issues, namely, the assignment of creditor's rights and the transfer of debts, the assignment of creditor's rights needs to be notified to the debtor, and the transfer of debts requires the written consent of the creditor to be valid.

2. It has an impact. If Company C does not agree in writing to the transfer of the debt, then Company C is no longer liable for the debt. Only if it agrees in writing or agrees to guarantee after the transfer, it shall bear the guarantee liability.

3. A mortgage is also a kind of security, and the interpretation of Article 2 applies.

4. If A neglects to carry out the due creditor's rights, B can carry out the due creditor's rights on his behalf. Legally, it is said that Company B has the right to claim on behalf of Company A's due creditor's rights.

5. **** is responsible for its assets, and now that the company is bankrupt, the remaining money cannot be recovered. Unless it is known that the shareholder has transferred property in bad faith, the shareholder may be required to bear joint and several liability.

6. If the mortgage is valid, the resale is invalid.