The Research On Legal Application Of Lease Contract In The Case Of Bankruptcy

In the case of bankruptcy and non-bankruptcy,the consequences of continuing to perform,cancel and continue to perform or cancel the financial lease contract are quite different.The entry of financial leasing relationship into bankruptcy procedure will cause the superposition effect between the applicable legal rules of financial leasing contract and the applicable legal rules in bankruptcy situation,which will bring about many uncertainties in the legal consequences.The existing contract law and the judicial interpretation issued by the Supreme People’s Court are all financial leasing contracts under general circumstances.The application of law in disputes shall be governed by special rules applicable in the absence of bankruptcy.Therefore,this paper will analyze the origin,legal nature of financial lease contract,and the current situation of financial lease contract implementation in various countries and Taiwan.It will focus on the current situation of financial lease contract in bankruptcy in China,from the status of the contract to be performed,the different legal consequences of the administrator’s choice of performance or non-performance,to the contract.Termination of contract liquidation,analysis of the relevant links encountered in the application of law,the structure of China’s financial leasing relationship in the bankruptcy situation should be applied to the rules.