Unexpired Lease Contract Processing Rules Of Bankruptcy Procedure

Nowadays lease, as a common contract around us, play an important role in the commercial field. The subject matter of the lease, such as land, house and manufacture equipment are always the essentials of people's daily life and the enterprises' operation. Therefore, the lease is entitled many favorable rights on in the civil law field in order to steady the commercial order. For example, the leasehold of the tenant will be protected from the changing of the landlord. Where an enterprise falls into the insolvency, our current insolvency law is silent on how to deal with the unexpired lease. The law just provides the regulations on how to deal with the executory contracts. As a special executory contract, the unexpired lease should be treated separately. In practice, the lack of relevant regulations on unexpired lease in the insolvency law came across a lot of troubles. The unexpired lease issue not only disturbed the bankruptcy procedures of the enterprises, but also damaged the creditors benefit and the commercial order. Therefore it is necessary to provide the right regulations on the unexpired lease issue.This paper states the special nature of the unexpired lease at the first beginning. Then this paper analyzes the regulations on the issues of unexpired lease provided by the insolvency law of the foreign countries. In addition, this paper also analyzes the problems in practice caused by the lack of relevant regulations on the unexpired lease in our country. Finally, referring to the special nature of the lease and the advanced experience of the foreign, this paper come up with the propose on how to improve the regulations on the issues of unexpired lease.