待履行合同中破产管理人的选择权-法律学专业论文.docxVIP

1 1 2 2 Abstract With the development of the socialist market economy, competition is becoming increasingly fierce. Many enterprises face the risk of bankruptcy due to poor management. When companies enter into bankruptcy procedures, they often encounter such problem that both parties have failed to fulfill the contract. Bankruptcy law of foreign countries have made specific provisions. The Bankruptcy law of China also has some relevant provisions .According to Article 18 of our Bankruptcy Law, the bankruptcy administrator has the option of executing contract. In addition, Article 42, Article 53 and Article 69 make some relevant provisions. However, compared with developed countries’ bankruptcy law, our provisions on bankruptcy administrator’s Executory Contract are simple and scattered. Many issues is not clear and controversial and still need to be further definite and deepen. The first part introduces the option of Executory Contract of bankruptcy administrator and analyzes the value basis, the connotation and the nature of the option. The value basis of the option is the maximization of the bankrupt consortium. The interests of both parties also need to be paid attention except the maximization of the bankrupt consortium in order to achieve the balance of interests. Although Bankruptcy Law of many countries provides the option to perform the contract, but the meaning of Executory Contract Option is not accurately and clearly defined. The author also analyzes the problem. In addition, this section also discusses the nature of the option. The author considers that it is a legal, substantive, composite right. The second part analyzes the main body, content, principles of the option. Bankruptcy administrator, the debtor can exercise of the right. The option has three kinds, continual option, negotiable option, terminal option. The most important principles is to maximize the bankruptcy property interests.Only in this way can we make all the creditors get fair