The Processing Rules Of The Unexpired Lease In The Bankruptcy Procedure

Lease contracts, especially real property lease contracts, play an important role in thetraditional civil law field, and get special treatment. For example, the leasehold of the tenantwill be protected from the changing of the landlord. This is different from other general contract.How to deal with the unexpired lease contracts when enterprise is in bankruptcy? Theadministrator decides how to do. But China’s current bankruptcy law has no special anddetailed requirements for that contract.This approach is so vague and blur that many problems,such as harming the interests of relevant parties, affecting the bankruptcy procedures, andfinally result in chaos of economic order. Thus, it is necessary to add special processing rulesfor the unexpired lease contract in the bankruptcy law. This paper intends to research theproblems, analyze the basic theory on the unexpired lease contract. Not only that, this paperalso has a comparative study of advanced legislation and practical experience.We can learnprocessing rules from foreign countries and provide recommendations to improve theprocessing rules in our bankruptcy law.This paper includes three chapters.The first chapter of this paper points out and analyzes the problems, discusses the theproblems of the processing rules about the unexpired lease contract. The first part introduces thespecific processing rules in the bankruptcy law; The second part discusses shortcomings and problems of the relevant rules in the bankruptcy law. It is necessary to add the specialprocessing rules on the unexpired lease issues.The second chapter of this paper discusses the theoretical basis of the unexpired leasecontract processing rules. The first part discusses the special nature of the lease contract, andpoints out the reasons why the lease contract needs special treatment rules; The second partdiscusses the subjects processing the unexpired lease contract and the principles or standards ofmaking a choice, laying the theoretical foundation for formulating the special rules.The third chapter of this paper is the key part. According to the problems in the bankruptcylaw discussed in the second chapter, we can learn the feasible processing rules from othercountries to provide recommendations for improving the bankruptcy law of China. This chapterincludes three parts. The first part talks about the specific general processing rules in othercountries, we can learn to perfect our general processing rules. The second part talks about thespecial processing rules, we can bring in special processing rules to guide the unexpired leasecontract. The third part makes a summary of the discussion in this chapter.