The Research On Executory Contract In Bankruptcy Reorganization Proceedings

At present, the purpose of bankruptcy legislation has been turned from bankruptcy liquidation into bankruptcy reorganization.The aim of bankruptcy reorganization is to make the enterprise be reborn and return to normal operation state through the reorganization plan.The executory contract has an important legal status in the process of bankruptcy reorganization, and plays a positive role in the process of bankruptcy reorganization.Related to the realization of the interests of creditors and the rebirth of bankrupt enterprises.The trial practice of such cases is increasing, highlighting the urgency of the study of the problem.The first part of this paper reveals the concept and characteristics of the executory through the comparative analysis of the executory contract in the contract law. In the second part, the paper discusses the challenges of executory contracts in the process of bankruptcy reorganization.The third part clarifies the criteria for judging the performance of the executory contracts in the process of bankruptcy reorganization, which mainly includes the definition of the executory contracts and the content of the judgment standard of the contract execution.The fourth part discusses the analysis of the balance of interests of executory contracts in the process of bankruptcy reorganization, mainly from the balance of interests between the creditors, the managers and the debtor.The fifth part discusses the concept and characteristics of bankruptcy debtor’s property of the executory contracts in the process of bankruptcy reorganization, and clarifies the influence of the execution of the executory contracts to be performed on the debtor’s property.Part six discusses the bankruptcy trustee to perform their duties and restriction mechanism and currently pending disposal means of executory contract, and presented to improve the executory contracts system in the bankruptcy reorganization procedure.