The Balance Of Interests In Bankruptcy And The Financial Creditor’s Rights Protection

Since the beginning of bankruptcy is a complex process, and the leasing system is complex, therefore, financing lease subject of a bankruptcy will have different values, so between the different value orientations is the balance we must straighten out the problem.The theme of this paper is a discussion about the bankruptcy of the principle of balance of interests in the case of bankruptcy of the lessee. And the principle of balance of interests in this paper, is to the spirit of the law to a certain order of different forms of economic interests, the importance and protection of the arrangement, and resolve the conflicts between different rights of different subjects in the right system is used to explain the rights between different subjects arrangement. The dual interests balance content comes from economic and legal status, source of balance of interests as legal principles. The principles of operation in three basic ways, by determining different interest groups, by giving the parties the pursuit of freedom, punishment will benefit, by discretion to achieve the coordination of law enforcement.In the transaction structure of financing lease, contract law, property law, tort liability law of the two different interest pursuits and abide by the contract, and timely performance based on the assumption, on both sides of the right to arrange. When the assumption of distortion, i.e. when the lessee in bankruptcy proceedings, interest may be imbalance, the law requires a balance of interest mechanism to promote-- the principle of balancing of interest balance the interests of both sides to return to the skill and spirit that contains the mechanism.Based on the full discussion, combined with different phases, the lessee bankruptcy case, further for the benefit balance principle adjustment, guide, explain the function in this paper.Bankruptcy and bankruptcy application power. From the right to request the bankruptcy and bankruptcy bounds we can see, the bankruptcy law to start by trying to balance between the interests of the creditors, the debtor’s interests and the order of the market economy, and the enterprise once the debtor into bankruptcy boundaries, the value form the debtor can take place fundamental change, shrinking assets from the continuing value to bankruptcy liquidation value, at the same time, debt maturity. So bankruptcy matter, then apply the principle of interest balance caution is particularly important. Bankruptcy problem involves first the balance of interests, but also is suitable to determine whether or not the interest balance system. In a clear phase boundaries of the bankruptcy, the need to consider the interest is between the boundary and the market economy system of bankruptcy, bankruptcy and other system, bankruptcy system within the program selection.The lessee purchase request right. Based on the principle of balance of interests, the lessee in the lease on the interests should be protected. The reason is that the bankruptcy procedure is first to maintain the interests of the whole creditors, then the fair and orderly implementation of the personal interests of all creditors distribution. Way to safeguard the overall interests of the creditor is the protection and found that the debtor’s property value. While the tenant purchase request of human rights has the property attribute, should belong to the scope of the debtor’s property.Conflict termination. The provisions of contract law and bankruptcy law on financing lease contract right of rescission. The thorough discussion about the right of formation and the right of rescission, a rare, deep foundation of contract cancellation rights in autonomy, justice and fairness of the implementation and the economic interests of the care and maintenance. This principle into a specific case in this paper, a rare, in bankruptcy cases, the lessor shall not be entitled to the right of rescission.