On The Conflict Between The Accelerated Maturity Of The Bank And The Application Of The Right To Revoke The Bankruptcy Of China

With the progress of science and technology, the rapid development of economy, more and more small and medium enterprises choose to bank loans to achieve their development goals. The international practice of China’s banks will accelerate the maturity of the term as an important means to control the risk of non-performing loans, and accelerate the maturity of the term is now widely used in the bank loan contracts and other financial contracts. And in the early stage of enterprise bankruptcy, the bank according to accelerate the maturity terms in advance Shoudai behavior and bankruptcy revocation rights of exercise also produced more conflict. Bankruptcy revocation rights system is for the effective protection of the interests of creditors of various harmful behavior of the debtor for revocation of the system, and accelerate the maturity terms from the point of view of the bank greatly protect the interests of the banks, but the bankruptcy administrator in order to get maximum settlement often according to the provisions of the "bankruptcy law" to the court submitted to apply for revocation of the bank in advance deduction of behavior of the bankruptcy property. In judicial practice, the judge in the decision by banks accelerated maturity terms caused by the bankruptcy revocation rights are established when there is a great controversy, due to the laws of our country on the banks accelerated maturity affirmation of the legal nature and effect of the terms is general superficial and of bankruptcy revocation rights, the constitutive requirements and there are no detailed provisions. Therefore, this paper taking the case of bankruptcy of Hengshun company listed as a benchmark, the above dispute to be analyzed and discussed the bank to accelerate the maturity of the legal nature of the terms of, the constituent elements of the right of rescission, hope in order of the bankruptcy law of our country perfect give some superficial suggestions. In this case, as a result of the trial of the first instance court of second instance, the results of the two different, the bankruptcy of the right to revoke the right to the issue of the law applicable to the issue. With the analysis of the legal effect of the term of accelerated maturity, the paper discusses the conflict between the accelerated maturity of the loan and the realization of the right of revocation in bankruptcy procedure, introduces the judgment principle of accelerating the expiration clause in the bankruptcy procedure, and analyzes the legal effect of the acceleration of the loan in this case. Then it analyzes the elements of bankruptcy revocation rights and the scope of application of the objective scope, but also combined with the case discussed whether the subjective good faith can be used as a defense of the right to withdraw the right of bankruptcy. In addition, the analysis bank debit behavior whether to belong to "of outstanding debts in advance repayment behavior, whether bank debit repayment behavior is equal to dangerous during the individual satisfaction and revoked, in this case bank deduction of behavior whether to belong to exercise the right of offset, multi angle to advance the bank debit behavior the legal nature of the analysis. The analysis of the above analysis, it is necessary to improve the recommendations of the law gives some suggestions: a clear subjective malice as part of the revocation of the elements of the judgment standards, improve the legislative provisions of the type of revocation can be revoked, the scope of the act to revoke the necessary restrictions.