Research On Processing Rules Of Unexpired Leases In Bankruptcy Proceedings

The so-called unexpired lease is a lease contract that is established before the bankruptcy application is accepted and the lease term is not expired after the bankruptcy application is accepted.For the execution ways of unexpired leases,the general practice of the international community insolvency law is to authorize the trustee to have the freedom to choose.At the same time,the insolvency law deprives some rights of the trustee.However our country's bankruptcy law about the trustee's choice is very simple,neither restrictions,but also the lack of transferable provisions.The reason why the insolvency law should give the unexpired lease special provisions,mainly because the property of the leasehold of the lessee.So the contract law and other non-bankruptcy law give the lessees special protections.Thus,in the bankruptcy proceedings,on the one hand,we should respect the special protections and limit the right of leaser to terminate unexpired leases.On the other hand,we should draw lessons from foreign advanced practices,introducing the transfer rules.Authorizing the trustee with right of transfer,in order to balance the legitimate rights and interests of all stakeholders.