Research On The System Of Disposal Of Future Claims In Bankruptcy

The market economy is constantly developing,people’s demand for property transactions has become more diversified.The transaction based solely on existing creditor’s rights can no longer meet the needs of market entities,hence the emergence of the disposal of future claims.At the same time,the situation where the relevant parties of the disposal of future claims enter bankruptcy proceedings is becoming increasingly common.Firstly,there are loopholes in the bankruptcy system and the system of the disposal of future claims,which leads to issues such as unstable and unsafe transactions of the disposal of future claims in Bankruptcy,and The rights and interests of relevant parties are not adequately protected.To protect the rights and interests of creditors,strengthen judicial credibility,and guide the healthy development of the market,further research on the improvement of relevant systems is needed.Secondly,in conjunction with the specific application of China’s bankruptcy rules,Learn about the reality difficulties that will be faced when disposing of future claims.Thirdly,by comparing and analyzing legislative models and theoretical studies of the disposal of future claims in foreign countries,and taking the perspective of the disponer and the debtor in bankruptcy,the impact and problems of different provisions on the market circulation of future claims and the distribution of unfavorable benefits among relevant parties in bankruptcy should be analyzed.Finally,the improvement of the system of disposing of future claims in bankruptcy can be done in the following ways: firstly,by specifying the rules for exercising subjective elements of the right of repeal in bankruptcy and the standard for exercising the right to rescind the executory contract,the stability of the disposal of future claims in bankruptcy can be maintained.Secondly,by establishing relief rules for the reduction of creditor’s interests,China’s system of suspending the exercise of rights,joint debt system,and compulsory approval system for reorganization can be improved to fully protect the interests of creditors.Thirdly,while drawing on foreign system experience,the provisions for the effective time and legal effect of the disposal of future claims should be clarified in accordance with China’s actual situation to promote the standardized development of the the disposal of future claims.