论破产管理人对未履行租赁合同的选择权-民商法专业论文.docx

ABSTRACTBankruptcy ABSTRACT Bankruptcy admini strator opt ion refers to bankruptcy administrator has the right to performance or reject of the contract when the bankruptcy has been set up but not fulfilled．Bankruptcy law endow bankruptcy administrator option is largely based on diversified value orientation of the law and the civi 1 law standard by the individual standard to the transition of the SOCial standard．As for both of the general executory contracts and special executory contracts， Current bankruptcy legislation in our country of the provisions of the insolvency administrator option is very simple and general，the bankruptcy law in our country about the provisions of the insolvency administrator options are a one—size—fits—all approach，namely the contract what needs to be performed，the bankruptcy management per capita may exercise the option．But lease contract has a long—term，continuing sexual characteristics，the law that give the real right confrontational， nature priority etc， also it is because of this particularity，our country contract law and the provisions of the”buying and sel l ing i s not break lease”．If the bankruptcy administrator based on the provisions of the bankruptcy code to remove the original leasing contract，for the lessee，i s bound to cause more damage than other general creditor’S rights．In judicial practice，but also often because of legal application problems．In order to realize the balance of the interests of all parties，Foreign legislation on bankruptcy administrator option which combined with the III 万方数据 special special features of the lease contract，most ly through 1 imit the bankruptcy administrator options． It is necessary in the bankruptcy law on insolvency admini strator to the lease contract option for special regulations，setting up reasonable bankruptcy law about the lease contract and other special special rules．Through the bankruptcy law principles and rules of the specific Settings，achieve the balance of publ ic law and p