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破产(Barrkrupty或Failure)一词,来源于拉丁语“Failletux”,意思为失败。在中文语义中,破产一词也有失败之意。但在财务管理意义上的破产,却有如下三个既相互联系又相互区别的概念:一是技术性的破产,指企业因借债过多或债务集中到期而不能清偿到期债务。此时企业的财务基础还比较健全,只是因财务人员在筹资时存在技术上的失误,造成了暂时的不能偿付。二是事实上的破产,即债务人因连年亏损,负债超过资产(即资不抵债)而不能清偿到期债务。此时债务人财力不足,实际上已不可能清偿全部债务。三是法律上的破产,即债务人因不能清偿到期债务而被法院依法宣告破产。这时,债务人员资产可能低于负债,但也可能等于或超过负债,只因无法获得足够的现金或以债权人同意的其它方式偿还到期债务,因而不得不破产还债。它对债务人的破产宣告是依法律上确定的标准进行的,而对破产清算后债务人实际能否清偿全部到期债务则不加考虑。
The term bankruptcy (Barrkrupty or Failure), derived from the Latin word “Failletux,” means failure. In Chinese semantics, the word bankruptcy also means failure. However, in the sense of bankruptcy in the sense of financial management, there are three concepts that are related to each other and are different from each other. First, technical bankruptcy means that an enterprise cannot pay its due debts due to excessive debts or when the debts are concentrated. At this time, the financial foundation of the company is still relatively sound, but because of the technical mistakes made by the financial personnel when raising funds, temporary compensation cannot be paid. Second, the de facto bankruptcy, that is, the debtor is unable to pay off mature debts due to consecutive years of losses and liabilities exceeding assets (ie, insolvency). At this time, the debtor’s financial resources are insufficient and it is virtually impossible to pay off all debts. The third is the legal bankruptcy, that is, the debtor was declared bankrupt by the court because he could not pay off the due debts. At this time, the debtor’s assets may be less than the liabilities, but may also be equal to or more than the liabilities, and they have to repay the due debts because they cannot obtain enough cash or other means agreed upon by the creditors. It declares the debtor’s bankruptcy is based on legally determined standards, and does not consider whether the debtor can actually repay all matured debts after bankruptcy liquidation.