A Research on Restrictions on the Trustee's Contract Rescission Right in Bankruptcy
CHEN Ben-han;CHEN Chao-ran;School of Law,Wuhan University;
According to article 18 in the Enterprise Bankruptcy Law of China,the trustee has the right to rescind the executory contract,but there are no restrictions on the trustee's contract rescission right,which violates public policy,inappropriately prejudice the interests of the other party and conflict with the provision of civil law. In order to uphold the public interest,the trustee's contract rescission right should be restricted in house lease contracts,which involves the public interest,and public service contracts.For balancing the interests of all parties equitably,the trustee's contract rescission right should be restricted in conditional sales,financial leasing contracts and contracts which have been lodged the registration of caution.
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