关键词: 个人破产, 自由财产, 生存发展权益

Abstract: The documents in various regions regulate the issues of free property from three aspects: property type, value restriction and determination procedure. When determining the property type, whether they adopt pure enumeration, pure generalization, or enumeration+ generalization, the documents clearly define necessities and expenses, specific personal property and exclusive creditor’s rights as the debtor’s basic survival guarantee. In the places where the free property should include items needed for the development of the debtor, the documents also include such statement as “items or reasonable expenses that must be retained due to the needs of career development”. In terms of value restriction, some documents generally exclude necessities and personal property with greater economic value, and some documents limit the individual value of necessities and the total value of free property. For the determination procedure, the debtor generally makes the list, and after the manager investigates and verifies it, and the creditors’ meeting passes the resolution, then it is submitted to the court for execution. However, for the free property list that the creditors’ meeting does not pass, the treatment methods of different pilots differ greatly. The free property system in various regions is based on the protection of the debtor’s right to live, which respects the will of the creditors, and the determination procedures are similar. However, the value restriction is not clear, the determination process is not sufficiently consultative, and the flexibility of timely adjustment is lacking. The free property system in the unified personal bankruptcy legislation should focus on the combination of legality and intentionality, certainty and flexibility, so as to make the free property more clear and operable in terms of types and value restrictions, and the implementation of dynamic adjustments should be carried out according to special needs.

Key words: personal bankruptcy, free property, survival and development rights