| Advance notice registration,as an important system of the real right law,plays an important role in preventing the properties form being sold to two creditors and stabilizing the real estate market.However,the provisions of China Real Right law on advance notice registration are too simple,and it is not clear whether the effect of advance notice registration can be extended to other areas,which results in many contradictions in the application of the law.In the field of bankruptcy law,this contradiction is reflected in whether contracts that have been registered in advance can be exercised by the right of option of the bankruptcy administrator or not-cancel or continue to perform such contracts? This issue is also controversial in practice.One side is the realization of the advance notice registration system and the other is the right of option of bankruptcy administrator.How to balance the contradictory rights? It requires clear answers from legislation to avoid conflicting judgments.First of all,this paper analyzes advance notice registration of China,explores the legislative purpose and legal effect of advance notice registration,and then analyzes the particularity of the contracts that have been registered in advance in bankruptcy proceedings.Next,aiming to explore what problems have arisen in China’s bankruptcy procedures,we analyze the rules of the contracts that have been registered in advance in bankruptcy proceedings from the perspective of legislation and judicature.Third,this part points out the problems of the relevant processing rules in China’s bankruptcy proceedings.On the one hand,there is a conflict between the right of option of bankruptcy administrator and the real right law of China;on the other hand,there are no principled and concrete restrictions on the cancellation of a contract registered in advance.The last is to propose a solution.On the one hand,we should establish some principle items for the bankruptcy law.On the other hand,referring to the handling of the contract registered in advance in the civil executive program,the bankruptcy administrator cannot dissolve the contract when advance notice registration can be impelled to the official registration;the bankruptcy administrator can dissolve the contract when advance notice registration cannot be impelled to the official registration,and this contract creditor’s rights are also paid as common creditor’s rights.This approach not only highlights the special status of advance notice registration claims in the field of bankruptcy law,but also does not restrict the bankruptcy administrator’s option too much and overprotects this contract creditor’s rights. |
