Research On The Option To Executory Housing Sale Contracts Of Bankrupt Real Estate Enterprises

For the reason of bankruptcy procedure needs to safeguard the collective interests of all creditors,the bankruptcy law often breaks through the equality of common civil and commercial law,gives the bankruptcy administrator a strong unilateral right of formation to ensure the preservation and appreciation of bankruptcy property.The option of bankrupt executory contracts is one of them.When an enterprise enters bankruptcy procedure,there are often a large number of contracts that are being performed or yet to be performed.For such contracts,the administrator will choose to continue or terminate the contract according to the property status of the bankrupt debtor,the specific content of contract,the principle of appreciation and preservation of the bankruptcy property,and the principle of beneficial to all creditors.In recent years,a large number of real estate enterprises are on the verge of bankruptcy due to poor management and the fracture of capital chain.After real estate enterprises enter bankruptcy procedure,As a typical executory contract,a large number of housing sales contracts that have not yet been performed are faced the option of the administrator.Administrator will face more complex problems and restrictions when exercising their option to executory housing sale contracts,because of the special status of house in our country,and the consideration of the realization of the right to survival of the purchaser.This thesis explain the causes for the executory housing sales contracts of real estate enterprise and the significance of its classification,starts with the background of the real estate industry.Then,the thesis specifically analyses what kinds of executory housing sales contracts should be categorize in the scope of the executory contracts in the bankruptcy law,and how to categorize executory housing sales contracts according to the character and purpose of the house purchase.After clarifying the principles and legal effect of bankrupt options in general conditions,specifically analyses what kinds of influences and derivative problems will the exercise of option have on the different types of executory housing sales contracts.At last,in view of the strong formative force of the option to executory contracts,this thesis summarize the current institutional limitations of bankruptcy law on the option to executory housing sale contracts,and as the counterpart of the housing sales contracts,how to seek remedies for their legitimate rights and interests.This thesis compares the relevant foreign systems and considers the homeland's conditions,adopts methods of from common to particular,from general to special,discusses how to diversified solves the special problems of the option of bankrupt executory contracts in housing sales contracts on the basis of balancing the interests of all parties.