On The Comment Of The Optional Right Of Contracts To Be Carried Out In Bankruptcy Proceedings

The contract optional right of the manager is mainly reflected on the handling of the failure to fulfill treatment when in bankruptcy, which includes two aspects:one is to decided to terminate the contract, the second is to continue the contract. No matter what kind of choice the managers make, it will largely affect the substantive rights of two parties in a contract. If not treated well, it will lead to the conflict between the managers and the two parties in the contract. which will further influence the normal proceeding of the bankrupt procedure. Therefore, the perfection of the rule of contract optional right of the managers still remains the key issue in the research of the bankrupt law. The present thesis begins with the rent contract dispute in reality, and through the analysis concludes that the missing and its solution of the Termination of rental contracts and the right of first refusal and other rules in the "Bankruptcy Law". together with the brief comment on the contract optional right of the managers in the present.With the benefits analysis, comparative analysis and other methods, taking accounts into the interests of all parties, and learning from some foreign countries' experience. the present thesis carries on the research on some relevant rules in the present.There are three parts in the thesis, including the introduction, the body and the conclusion.The introduction mainly illustrates the research significance, present situation and the purpose.Following the thought of raising the problem, analysing the problem and solving the problem, the body of the thesis expounds the topical statement in four chapters.The first chapter is the introduction of the case. Selecting the bankruptcy case with rental disputes as the research object, the first chapter introduced briefly the origins of the case. the focus of controversy and different views within the Court. The second chapter analyzes the effectiveness of the manager canceling the lease contract, employing the relevant legal terms and legal provisions of the termination of the contract, and identifies the effect of the cancel of the lease contract, and makes some comments on the case.The third chapter is about the analysis of the issue whether Mr. Zhang has claim to the right of first refusal. With the analysis of characteristics and applicable conditions of the right of first refusal, the present author identifies that Mr. Zhang has no right to claim right of first refusal Zhang, and reflects on the case.The fourth chapter is the reflection of the rule of the contract optional right of the managers. By analyzing the present rule, the present author points out the existing problems and puts forward a sound proposal.