Research On The Legal Consequences Of Dissolution Of Contract In Bankruptcy Proceedings

Article begins with the bankruptcy law of our country about fails to perform to complete the existing provisions of the termination of the contract are discussed,analyzed in the bankruptcy procedure after exercise did not fulfil the contract rescission of the main body and the time and way,the bankruptcy law in China is pointed out in about bankruptcy did not fulfil to complete the legal consequences of termination of the contract without sufficient regulation,there is some controversy in the theory and practice.And then finished to fails to perform the legal consequence of teimination of the contract,especially after the termination of the contract involves the problem of retrospective,scope of damages and liquidated damages and bankruptcy claims about the relationship of the key.In terms of retroactive force and scope of damages,this paper analyzes the characteristics of the bankruptcy procedure by combining the general provisions in the field of contract law with the particularity of the unfulfilled termination of contract.If not fulfilled end in bankruptcy proceedings after the termination of the contract has a retrospective affect,and will make the other party of the contract the effect of return right is superior to the ordinary creditor's rights of claim,the goal of fair pay off is not in conformity with the bankruptcy law,so this article on the negative,advocating not fulfilled end in the bankruptcy procedure after the termination of the contract does not have retrospective.Bankruptcy administrator to cancel the contract,even if the exercise of the legal right to terminate,for the other party in contract can be thought of as a breach,its benefits can be determined by the contract,so this paper argues that in the bankruptcy procedure fails to perform the scope of damages incurred after the termination of the contract should include the completion of trust interests and available.In dealing with the relationship between penalty due to breach of contract and bankruptcy claims,did not explicitly stipulated in the "bankruptcy law" provisions,but the penalty due to breach of contract in the bankruptcy law judicial interpretation excluded from the scope of bankruptcy claims.In this paper,it is considered that the liquidated damages is regarded as the right to exclude the creditor's right.Therefore,this paper puts forward the view that it can be classified as inferior creditor's right and paid off after the ordinary creditor's right has been paid off.