Research On The Retroactivity Of Rescission Right Owned By Bankruptcy Administrator

Entering into the bankruptcy proceeding,executory contracts which are so important will affect various related interests.However,this content of the Enterprise Bankruptcy Law is so simple and the legal effect of executory contract has always been in dispute no matter in theory or practice fields.The function of executory contracts are that pursuing the maximization of the bankruptcy property in order to make bankrupt enterprises emerge from crisis or protect the interests of all creditors.Denying the retroactivity of the executory contracts is better for adding bankrupt property and realize the purpose of Bankruptcy Law.In order to understand deeply,this article adopts comparative analysis systematic research and empirical analysis.Refer to the mode of unwilling continue executory contract and legal effect in Bankruptcy Law of foreign countries analyze the retroactivity when rescind contracts in Contract Law and discuss the retroactivity in Bankruptcy Law Combining with legislative intent.