| Firstly,the paper introduces the basic meaning of accelerated maturity and accelerated clause,that is,immediate settlement requires repayment and termination of the remaining loan,which has legal effect,and there are also accelerated maturity clauses or other clauses containing their connotations in laws and regulations of China and other countries.In terms of nature analysis,this paper holds that the direct purpose of clauses is to pay for safety,collect money and leave,which should belong to contract termination clauses,not to deny the cancellation right clauses of previous contract execution achievements,nor to change the conditional contract changes of contract rights and obligations,and analyzes the concept of "contract termination".In the case that the debtor has bankruptcy reasons,the execution of accelerated maturity clauses is actually of the nature of individual repayment,which conflicts with the basic principle of fair repayment of creditors in bankruptcy law,hinders the execution of bankruptcy procedures,and reduces the possibility of successfully saving crisis enterprises.Then,from the perspective of debt law,the bankruptcy revocation system is analyzed.As a legal tool to solve the debtor’s related debts under abnormal conditions,and as one of the commercial law departments,it determines that the bankruptcy revocation right has its own many characteristics.From the point of view of the text of the law and the basic principles of bankruptcy law,this paper discusses two key issues in the application of the law of the revocable system of individual settlement,that is,whether to meet the subjective requirements that creditors know or should know that the debtor has bankruptcy reasons and the understanding of "debtor’s property benefits".On the basis that bankruptcy revocation can be applied to individual accelerated maturity,the main reasons for exemption and bankruptcy revocation of individual accelerated maturity are refuted.First,from practice,a comprehensive market expectation that includes judicial variables and legal status has been fully aware that the implementation of this clause is being restricted by corresponding rules,and it is impossible to say that the intervention of rules has affected the market order and transaction expectations.Second,the prevention and control of financial systemic risks should also be analyzed in detail,and all banking operations that can engage in loan business cannot be considered as having the level of preventing and controlling financial systemic risks.In the last part,by studying the relevant comparative law experience,after a brief analysis of our country’s individual liquidation revocable system,we can see that our bankruptcy revocation system lacks a systematic exception system,and discuss the possible ways to promote the establishment of a systematic exception system: legislation,judicial interpretation,and the use of case-like system.After deducing that the rights and obligations of creditors and debtors are affected when the accelerated maturity clause can be started smoothly,it shows that restricting the implementation of accelerated maturity clause is helpful for enterprises to finance after bankruptcy.On this basis,the paper puts forward suggestions,which are in the form of a set of judgment methods to specifically analyze whether the accelerated maturity clauses are exempt from bankruptcy revocation.The whole judgment method is supported by establishing several judgment standards,and the internal logic and approximate usage of each judgment standard are expounded and demonstrated.The specific implementation of the accelerated maturity clauses is tested by various judgment standards to check the conflict degree between the specific implementation of the accelerated maturity clauses and the regulatory purpose of the individual liquidation revocable system,and the corresponding exemption size is obtained.There are four criteria in the judgment method: first,whether the creditor’s right is attached with guarantee,which involves the problem that the guaranteed debt stops bearing interest;second is the situation during the execution of the loan contract,which mainly studies the situation that the contract loan agreement execution period,the executed period and the unexecuted period,the original performance period of the contract and the different periods in the bankruptcy law overlap and cover each other;third,the significance of dispute handling to the prevention and control of financial systemic risks.Including the analysis of the subject importance of creditor banks,the impact of the cancellation of terms on the operation of lending banks,the fault degree of banks for risk externalization,and the fourth is the specific conditions for accelerating the expiration and taking effect of terms,discussing whether the contents of the conditions are fair and related to judging the debtor’s solvency. |
