Author(s)

Yanjun Zhao

Corresponding Author

Yanjun Zhao

ABSTRACT

The determination of transnational insolvency jurisdiction is the premise and basis for solving the issue of transnational insolvency, which affects the choice of substantive law and the recognition and enforcement of judgments, and directly related to the immediate interests of the parties. How to properly coordinate the legal conflicts of transnational insolvency has become a topic of common concern to the international community. To resolve the conflict of jurisdiction of transnational insolvency to the greatest extent, this paper holds that legislators can adopt debtor centered standard to construct transnational insolvency jurisdiction distribution rules. In establishing the path of resolving jurisdiction conflicts, legislators can limit the jurisdiction standards themselves and set up agreement jurisdiction rules. In addition, this paper propose some legislative proposals on improving the jurisdiction of transnational insolvency of China.

KEYWORDS

Transnational insolvency, Jurisdiction conflict, Legislative proposals