The Exercise Of The Bankruptcy Administrator’s Choice Of The Right To Perform In The Real Estate Lease Contract

The bankruptcy administrator’s choice to perform the right means that the contract signed by the enterprise before entering the bankruptcy proceedings and the parties have not fulfilled the contract can be decided by the bankruptcy administrator to continue the performance.Although Chin’s Bankruptcy Law has clear provisions on the right to choose to perform,there are no specific treatment methods for the specific application conditions and scope of application for the right to perform.In judicial practice,the bankruptcy administrator almost chooses to cancel the lease of real estate,resulting in serious losses to the legal rights of the lessee.The main purpose of the manager’s termination of the contract is to sell the real estate to pay off other corporate creditors and promote the bankruptcy proceedings.However,this is contrary to the rules of the ‘Contract Law’ that protects the interests of the real estate lessee and ‘run and sell without breaking the lease’,which has caused great controversy.And the company is in a bankruptcy stage,and its economic situation is often unable to pay off all debts.After the contract is lifted,how to deal with the prepaid rent and damages for breach of contract is also a difficult problem in practice.Since China’s <Bankruptcy Law> has given the administrator the right to choose to perform,it should clarify its conditions of exercise in the real estate lease contract and the protection of the interests of the contract counterparts corresponding to its rights.This paper uses case analysis to explore and study such problems,and combines the laws and literatures of various experts and scholars at home and abroad to solve the problems related to the choice of bankruptcy administrators.The components of the article: the first part,the introduction.Introduce the research background and research significance of the paper,the current research situation of related issues,the views of different countries and scholars on the problem;the second part,the case introduction.Introduce the case,the focus of the dispute,the trial ideas,and analyze the three typical cases of ‘the bankruptcy administrator exercising the right to choose to perform in the real estate leasing contract’,and summarize the problems existing in such cases in practice;the third part is the research of the problem.According to the legal analysis of the relevant issues,the application of the bankruptcy administrator’s right to choose the implementation of the real estate lease contract,the way the manager chooses to exercise the right to perform,and the handling of the creditor’s rights and debts arising from the exercise of the right to perform the exercise.The fourth part,the research conclusions and research implications.Summarize the issues raised by the article and the author’s point of view,propose solutions to these problems,limit and supervise the bankruptcy administrator’s choice of implementation rights from the legislative level,ensure that rights are not abused,and protect the legitimate rights and interests of real estate lessees.