Rules On Executory Contracts In Bankruptcy Law

The effective treatment of executory contracts is related to rescue ofthe debtor and interests of the creditors. Therefore, rules on processingexecutory contracts are established in bankruptcy law. Executory contracthas its particularity in bankruptcy procedure. For the debtor, it is both apotential debt, and a potential claim. The associated stakeholders includenot only the debtors and creditors in the bankruptcy proceedings, but alsothe opposite party of the executory contract. Therefore, we need to studythe rules on processing executory contracts in bankruptcy law.In the basis of the distinct definition of executory contracts, this paperis to study the special principle on processing executory contracts, discussthe current situation of the rules in China's bankruptcy law focusing on thesubject who is responsible for processing executory contracts, the legaleffect, the protection of the opposite party and other issues, put forward theproblems and make a comparative study in order to improve the rules onprocessing executory contracts in China's bankruptcy law.The main body includes five chapters.The first chapter, Introduction. The purpose of this chapter is tointroduce the significance of the paper, the current situation of relevantresearch and the method, ideas and structures.The second chapter, Overview of executory contract, including theconcept and the specialty of executory contracts. Firstly, the basic conceptof executory contract is analyzed for confirming the object of the study.Secondly, the specialty of processing executory contracts in bankruptcylaw is researched. On contract law, there exists rules when one party fallsin financial trouble. But, because of the special legal policy and theparticularity of insolvency procedures, the bankruptcy law, as special law,should achieve different results from the ordinary law in the premise of good faith and fairness which are pursued by the common civil andcommercial law.The third chapter, the Principle of processing executory contracts. Thischapter is to point out the principle of processing executory contracts,which is the balance of multi-stakeholders' interests, by analyzing theconflict of interests contained in executory contracts and the principle ofadjustment on bankruptcy law. And then this chapter analyzes the standardmeaning of the balance of interests, the measurement on how to guide theinterests.The fourth chapter, the Current Situation of executory contracts onChina's bankruptcy law. The main object of this chapter is to study thecurrent status of the processing rules on China's bankruptcy law, analyzethe existing problems.The fifth chapter, the Improvement of the rules on processingexecutory contract on China's bankruptcy Law. This chapter firstly makesa comparative and then combine the current situation of our country tomake recommendations so as to improve the processing rules on China'sbankruptcy law.