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EXECUTORY CONTRACTS IN INSOLVENCY LAW

A Global Guide

JASON CHUAH, EUGENIO VACCARI

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.
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Chapter 8: NATIONAL REPORT FOR CHINA

Yingxiang Long and Rebecca Parry

Extract

This chapter deals with the treatment of executory contracts under Chinese corporate insolvency law. After an introductory section dedicated to the procedures available under the law, the chapter analyses the treatment of these contracts in formal insolvency procedures. It concludes that, while reforms are driven by the need to promote the economic growth of the country, it is still necessary to address the existing loopholes in the law and practice, particularly with reference to the uncertainties related to the treatment of ipso facto clauses.

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