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一般说来,破产企业的破产财产应当按照破产程序的规定在若干债权人间进行公平合理的分配.然而某些特定财产虽属破产企业所有,但却不必经过破产程序,而是根据某些特殊规定用以优先清偿债务,这就是别除权方面的问题.别除权,是指债权人可以就破产人的特定财产单独优先受偿的权利.我国破产法虽未使用“别除权”这一概念,但其内容却在破产法中得到明确规定,根据我国破产法第32条的规定,别除权人行使别除权时所依据的基础权利是有财产担保的债权.一、设定别除权的依据我国破产法第32条规定:“破产宣告前成立的有财产担保的债权,债权人享有就该担保物优先受偿的
Generally speaking, the bankrupt property of a bankrupt enterprise should be fairly and reasonably distributed among several creditors according to the provisions of the bankruptcy procedure. However, although some specific property is owned by a bankrupt enterprise, it does not need to go through bankruptcy proceedings, but according to some special provisions In order to give priority to repayment of debts, this is the issue of non-excuse.Exemption refers to the creditor’s exclusive right to repay bankrupt’s particular property rights.China’s bankruptcy law does not use the concept of “no excuse”, but its The content is clearly stipulated in the Bankruptcy Law, according to the provisions of Article 32 of the Bankruptcy Law of our country, the basic rights on the basis of which the other excustees exercise their right of abstainment are the claims of the property guaranty. Article 32 stipulates: "Creditors’ rights guaranteed by property established before the bankruptcy declaration shall have priority for creditors