The payment by the buyer was therefore an advance payment for an executory contract which the seller had not performed. 买方所付之款项系为一份应于订立后再履行而卖方尚未履行的契约而约付的预付款。
To solve fundamentally the problem of executory contract can be achieved only by the revision on the bankruptcy law in whole. 所以,必须对破产法整体上作出修改才能从根本上解决待履行合同的处理机制的问题。
For the duration of the exercising right, the creditor may exercise their rights both during the period of the executory contract and after the commencement of the contract, provided that such a choice is not more than one year or five-year time limit. 对于权利行使的期限,债权人既有可能在合同未生效期间行使权利也有可能在合同生效以后再行使,这样的选择的前提是不能超过一年或五年的时间限制。
Thirdly, in the period of the executory contract, the creditor has the right to preserve the creditor rights. 第三,合同未生效期间,债权人享有保全债权的权利,而债权人撤销权正是一种保全权能。