The Application Of Accelerated Maturity Clauses In Bank Loan Contracts In The Field Of Bankruptcy Law

In recent years,enterprise financing to the bank has become an important channel for enterprise financing.In order to reduce its credit risk,the bank has continuously learned international advanced loan business experience.It has become a common phenomenon in loan contracts to stipulate accelerated expiration terms in loan contracts.However,due to the lack of clarity and specificity in our laws,and the increasing number of similar cases in judicial practice in recent years,some cases have resulted in completely opposite judgments,and even one case has been judged in the second instance in the first instance.This has caused great concern in the legal community.The focus of the dispute is mainly on the following aspects: What is the nature of the accelerated expiration clause? Is the accelerated expiration clause valid?If the accelerated maturity clause is valid,can the bank's withholding of deposits on this basis be revoked? And what is the basis for revocation? Does the act of withholding enterprise deposits by the bank fall under the provisions of Article 31 and32 of the Bankruptcy Law? Does the act of bank withholding enterprise deposit belong to the situation of civil law exercising the right of set-off,and what is the difference and connection between the right of bankruptcy and the right of set-off?Finally,is it necessary to consider the subjective intention of the parties whenexercising the right of bankruptcy revocation? The author believes that the accelerated expiration clause is the product of both parties 'autonomy and is valid without violating the mandatory provisions of laws and regulations.The bank's use of the accelerated maturity clause to repay the loan is an individual liquidation act in the bankruptcy law under the current legal framework;In canceling individual liquidation actions,creditors should be excluded from good faith;The bank's active withholding of loan prepayment is an act of exercising the right of set-off stipulated in the civil law.If it meets the requirements of individual liquidation behavior,it can be revoked according to the right of bankruptcy cancellation.