On The Limitation Of The Bankruptcy Administrator To Remove The Real Estate Lease Contract To Be Performed

According to Article 18 of China’s enterprise bankruptcy law,the bankruptcy administrator has the right to decide to terminate the contract that has not been performed by both parties.However,this provision is too general.When the lessor of the real estate lease contract enters into bankruptcy proceedings,the bankruptcy administrator will usually terminate the real estate lease contract to be performed,but this behavior will cause the following three problems: first,The law does not specify the standard for the bankruptcy administrator to terminate the real estate lease contract to be performed,resulting in the lack of uniform standard for the bankruptcy administrator to terminate the contract;Secondly,there is no special provision for the dissolution of the real estate lease contract,which conflicts with the protection of the lessee’s rights and interests in the real estate lease contract;Finally,the legal effect of the bankruptcy administrator’s rescission of the real estate lease contract to be performed is not clear,so that the losses of the commercial lessee cannot be fully compensated.As a result,the bankruptcy administrator is not subject to any restrictions when terminating the real estate lease contract to be performed,resulting in its abuse of the right to terminate conferred by the law and damaging the interests of the commercial lessee.Therefore,the bankruptcy administrator should be subject to necessary restrictions to terminate the lease contract of the real estate to be performed.With regard to the restriction on the bankruptcy administrator’s rescission of the lease contract of the real estate to be performed,the following four aspects are discussed through the use of case analysis,comparative analysis and normative analysis: the first part finds the problems in the judicial practice of the bankruptcy administrator’s rescission of the lease contract of the real estate to be performed,and summarizes the disputes in the judicial practice on the basis of a brief introduction to typical cases and a summary of the focus of disputes,This leads to the dilemma of the bankruptcy administrator in lifting the real estate lease contract to be performed.The second part puts forward the difficulties faced by the bankruptcy administrator in lifting the lease contract of the real estate to be performed,mainly including the lack of the standard for the bankruptcy administrator to lift the lease contract of the real estate to be performed,the lack of the rules for the bankruptcy administrator to lift the lease contract of the real estate to be performed and the unclear legal effect after the termination of the lease contract of the real estate to be performed,and explains the necessity of restricting the bankruptcy administrator to lift the lease contract of the real estate to be performed.The third part analyzes the theory that restricts the bankruptcy administrator from rescinding the real estate lease contract to be performed.Based on the analysis of the standards for the bankruptcy administrator to terminate the contract to be performed,the rules for the termination of the contract to be performed and the legal effect after the termination of the contract,this paper provides reference and reference for restricting the path of the bankruptcy administrator to terminate the contract to be performed.The fourth part is to improve the path for the bankruptcy administrator to remove the restriction of the real estate lease contract to be performed.Firstly,specify the standard for the bankruptcy administrator to terminate the real estate lease contract to be performed;Secondly,improve the rules for the bankruptcy administrator to rescind the real estate lease contract to be performed,including the general rescission rules and the special rescission rules for the real estate lease contract;Thirdly,clarify the legal effect of the bankruptcy administrator’s rescission of the real estate lease contract to be performed.Through the above analysis and exploration,it is suggested that the bankruptcy administrator should regulate and restrict the cancellation of the real estate lease contract to be performed,reduce the subsequent litigation disputes caused by the bankruptcy administrator’s improper cancellation of the real estate lease contract to be performed after the lessor enters the bankruptcy proceedings,protect the interests of the commercial lessee,and effectively realize the rational utilization of bankruptcy resources.