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按照我国现行破产法的规定,对于破产宣告后破产人尚未履行的合同,由清算组决定解除或者继续履行。但这一规定过于模糊,难以满足实践的需要,而且仅仅将合同的解除权赋予破产清算组一方将会使合同当事人的权利义务严重失衡。
In accordance with the provisions of the existing bankruptcy law in our country, the contract for the failure of the bankrupt to perform after the declaration of bankruptcy shall be dissolved or resumed by the liquidation team. However, this provision is too vague to meet the needs of practice. And merely providing the party with the right to terminate the contract to the bankruptcy liquidation group will seriously unbalance the rights and obligations of the parties to the contract.