How to Protect the Interests of Lessee after the Bankruptcy of Real Estate Enterprise?

Xuan Fang

Jiangsu Shenque Law Firm, Wuxi, 214000 China

Abstract: Along with the deepening of supply-side structural revolution, the further cleaning up and disposal of "zombie enterprises" and elimination of overcapacity has become an important part of revolution. Nowadays, how to deal with "zombie enterprises" that is the pillar industries of the economy has become a top priority. The legal issues involved in the bankruptcy of real estate enterprise are numerous and complex, how to balance the interests of all parties and protect the interests of all creditors is the ultimate goal of bankruptcy acceptance courts and administrators. Among the numerous outstanding problems of the enterprise bankruptcy, to certain extent, the lessee with a large number of rental shops is considered as a special type of rights subject. Under the premise of maximizing the interest of creditor and protecting lessee’s interest, how to exercise the right of contract termination properly to balance the interests of the parties concerned and maintain the security and stability of market transaction become an obvious practical problem. The purpose of this essay is to analyze relevant regulations in the Bankruptcy Law of China from the perspective of lessee and draw lessons from the protection measures for lessee in the world's bankruptcy system. Discussing when real estate enterprise bankrupts as lessor, how to balance the interests of the lessor and the lessee in a fair and reasonable way to resolve the contradiction between the lessee and the debtor.

Keywords: bankruptcy of real estate enterprise; interest of lessee; protection