On The Bankruptcy Administrator’s Option To Perform The Financial Lease Contract

Financial leasing Financial leasing transactions have significant advantages in promoting the development of real economy and providing financing.Among them,the lessor and the lessee bear the main rights and obligations.When either party enters the bankruptcy proceedings,how to deal with the financial lease contract whose lease term has not expired is very important,which will not only affect the parties to the financial lease contract,but also involve the distribution of interests of other creditors in bankruptcy.Therefore,this paper will combine domestic and foreign legislative systems and precedents,based on the classification of financial leasing contracts,and try to explore the treatment of financial leasing contracts under bankruptcy proceedings from the perspective of the choice of bankruptcy administrator.Especially under the civil code,it accepted the functional legislative model and recognized the guarantee attribute of financial leasing as atypical guarantee,but did not notice that there are still financial leasing contracts without guarantee function,and the financial leasing contracts with guarantee function also have their own particularity in the application of super priority rule.If the manager chooses to terminate the financial lease contract,the newly incorporated registration confrontation rules,registration order rules and super order priority rules in the civil code will have an impact on the termination effect of the contract.The first chapter discusses the financial leasing relationship under bankruptcy proceedings.Starting with the analysis of the contract identification and contract type division of the financial leasing contract,this paper summarizes two key issues: one is the dispute over the application of the unilateral option of the bankruptcy administrator in the financial leasing contract,and the other is the ownership of the financial leasing object.This chapter focuses on distinguishing the three types of financial leasing to pave the way for the later discussion.The second chapter discusses the exercise of the bankruptcy administrator’s option.The first section considers the constituent elements of the unilateral option and finds that the provisions of the unilateral option are applicable to the financial leasing contract;The second section puts forward the principles and restrictions of the exercise of unilateral option in combination with extraterritorial legislation;The third section discusses the relationship and conflict between the unilateral option and the right to rescind the contract and the right to recover from bankruptcy,and determines the priority of the unilateral option under the bankruptcy procedure.The third chapter discusses the legal consequences of the exercise of the option of bankruptcy administrator.The existing legislation on the legal consequences of this part is not detailed.Based on the first part,this paper classifies the financial leasing transactions and expounds the legal effects of different types.