个人破产制度若干问题研究

个人破产的条件、个人财产的范围以及破产行为能力的限制等三个问题是个人破产制度的核心问题。在个人破产制度中,破产法应分别规定债权人和债务人申请破产的条件,并就仅有部分债权人申请破产或破产中连带之债的处理等特殊情况作明确规定;债务人的个人财产是其所有的,除人身权益以外的积极财产,包括在共有中的份额及暂无处分权的财产;破产法应在破产中及破产后对破产的财产及人身权利加以限制,最终利用“复权制度”恢复。

Several Subjects on Personal-bankruptcy System

There are three kernel problems in constructing the personal - bankruptcy system which include the qualification of personal - bankrupt, the range of personal property and the limitation on bankrupt' s act - a-bility. In the personal - bankruptcy system, the bankruptcy law should stimulate the qualification for the debtee and the debtor to apply bankrupt term respectively, and make specific rule deal with such special situation as only partial debtee apply for bankrupt term, or there is debt that can't be departed among the debtors. Personal -property of debtor are those positive property which are possessed by him, including his portion in common property and the part thnt can't be handled instantly during the case, but personality and status benefit are removed. The bankruptcy law should limit the debtor' s property right and personality - status right during and after the case,but all limitation would be regained by "right - regain"system.