Reflections on the Sequence of Claims Arising from Mass Torts upon Persons during the Handling of Bankruptcy Claims
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    Abstract:

    The principles of “claims secured with property being prior” and “the common claims being equally repaid” have always been followed when deciding the repaying sequence of civil claims. But these two principles are not sufficient for the protection of creditors who are personally injured because the distinctions between agreed debts and legitimate debts have been overlooked. Under the circumstances of mass torts, strictly following the above-mentioned principles will certainly lead to the conflicts between tort law and bankruptcy law, thus cause interior disharmony within the system of civil and business law. Therefore, the claims arising from mass torts upon persons shall be treated equally as laborer’s claims through judicial interpretations.

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袁文全,马晶.大规模人身侵权之债在破产债权中的清偿顺位考量[J].重庆大学学报社会科学版,2014,20(2):131~135

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History
  • Received:December 05,2013
  • Revised:
  • Adopted:
  • Online: December 08,2014
  • Published: