Study On The Contract Problems In Corporation Reorgnization

The new Enterprise Bankruptcy Law of China establishes the institution of reorganization, which blazes a path for the strait enterprise's resurge. As a relatively new judicial procedure, there are so many problems to be solved in reorganization practice that it urgently needs corresponding guiding theories.Corporation reorganization is such a complicated process that all kinds of affairs must be treated successfully. As an operating subject, the corporation won't live and recover without contract. For the recent years, quite a few researchers have paid much attention to this field. But their study often only focuses on the theories, and neglects the guide to the reorganization practice. How to deal with the complicated contracts in reorganization under the currently existing legal framework is a practical question which has been considered by reorganized company, trustee in bankruptcy and the court.The study object of this thesis is the contract processing problem during the corporation reorganization. With the study methods, such as comparative research, historical research, positive analysis, normative analysis, etc.,this thesis investigates and analyses the possible contract problems in the light of practice, meanwhile, it also presents the author's thought and conception of the practical processing measures.This thesis consists of three parts—preface, text, conclusion. The text is divided into four chapters.The first chapter mainly introduces the general situation of the contract problems during the period of corporation reorganization. Firstly, it introduces the circumstance of the contracts in reorganization, defines and analyzes the definition of"debtor"and the nature of the court acceptance of the reorganization application. Secondly, it introduces the sorts of contracts during corporation reorganization.The second chapter concentrates on the influence from the reorganization procedure to the contracts. This chapter does the research on the influence from the reorganization procedure to the validity and performance of the contracts and points out the concrete effects.The third chapter emphasizes the subjects who are authorized to deal with the contract issues in the reorganizing corporation. It analyzes the belonging of the control right to the corporation and the contract processing right as well as the relationship between them. It also defines the contract processing right from the following two aspects: operation control right and final control right.The fourth chapter mainly introduces the principles and methods in processing the contract problems in reorganization. It points out that to clarify contract is the basis of processing the contract problems and analyzes exhaustively the special principles and methods of contract processing during reorganization, especially researches into the methods of processing the executory contracts and voidable contracts.