The Validity Of Advance Notice Registration In Bankruptcy Procedure

Through the implementation of the current bankruptcy laws is earlier than property law, so there are no provisions about the validity of advance notice registration. As a legal basis for civil law system, there is only one related provision in property law. Judicial interpretation does not explain the validity of advance notice registration also. The option to deal the executory contracts of the bankruptcy trustee is the obstacle to realize the validity of advance notice registration. Both law are not deliberately ignore the validity of advance notice registration. It is a legislative omission. Until now, relevant legislation and judicial interpretation are still not exactly the validity of advance notice registration and what position should the right holders be in. There are many conflict have emerged in practice. It is time to make up the omission. I think it is necessary to clarify the rights and obligations of relevant parties.The article consists of three parts: the preface, main body and conclusion.The main body consists of four chapters:Chapter one is about the legal nature and value of advance notice registration. This chapter reviews the origins of the advance notice registration and the domestic legal provisions which include not only entities law but also procedural law. The chapter then analyzes the legal value of the advance notice registration.Chapter two discusses the conflict between the advance notice registration and the bankruptcy law. The main reason of the conflict is the bankruptcy trustee has the right to terminate the executory contract. And thus may make it is impossible to achieve the goal of the advance notice registration. So it is important to limit the right of the bankruptcy trustee to terminate the contract.In chapter three, the author discusses the special status of the right after advance notice registration in bankruptcy proceedings. I focused on the difference with the other right in bankruptcy proceedings.Chapter four discusses how to realize the right of the registrant in bankruptcy proceedings. The discuses are based on classified contract.The conclusion summarizes the whole article, summing up the validity of advance notice registration in bankruptcy procedure.