Study On The Right To Cancellation Of Commercial Housing Sale Contracts In The Bankruptcy Of Real Estate Enterprises

With the current supply-side structural reforms and the law to deal with and clean up the "zombie enterprises" policy,carrying out trials of corporate bankruptcy cases and conducting liquidation work actively and securely,is an objective requirement to implement supply-side structural reforms,improve the competitiveness of market players,and adjust the industrial structure to achieve transformation and upgrading.It’s also an important means to improve the rescue and withdrawal mechanism of the socialist market economy subject.Real estate business bankruptcy cases involve many complex legal relationships,compared with ordinary bankruptcy cases.Regarding the processing of pending commercial housing sales contracts,the exercise of the manager’s right to dismiss is related to the survival interests of the buyers.The current bankruptcy law and related laws and regulations are not clear about the conditions and restrictions on the right to dissolve bankruptcy and the protection of the rights of buyers in pending contracts.In order to better solve the problem,based on the understanding of the basic theory of the right to rescission of bankruptcy pending performance,this article explains and demonstrates the conditions for exercising the right to rescind and the legal effects.It further discusses that the manager’s right to dismiss should be reasonably limited to a certain degree.Finally,the case analyzes the relief of the buyer’s rights and interests of the commercial contract to be fulfilled and puts forward feasible suggestions from a legal perspective.In addition to the introduction and conclusion part,the full text is divided into four parts:The first part is the Basic Theory of Right to Cancel Contracts to be Performed in Enterprise introduces the basis,exercise method and system value of bankruptcy right,and analyzes that bankruptcy right is not retroactive.According to the different purposes of commercial housing sales contracts,the commercial housing sales contracts to be performed are divided into two types: consumer and investment.The second part is an overview of the manager’s termination of the pending commercial house sales contract,pointing out that the main body of the bankruptcy release right is the manager,and the condition of exercise is to clear the debt fairly.It points out that there are different views on the legal effects of the manager’s exercise of the right to dissolve bankruptcy.The third part is to discuss the restrictions on the exercise of the right to cancel the sale of commercial housing contracts,starting from the need to restrict the right to cancel bankruptcy,and restricts the right to cancel through a series of measures.The fourth part is the relief of the buyer’s rights and interests of the commercial contract to be fulfilled.Through judicial jurisprudence,it points out the different opinions of the judge in the case of the manager’s exercise of the right to dissolve bankruptcy.