An offi ce building owner (Owner) entered into a fi ve-year leasing contract in 2007 with IT Company. Under the leasing contract the annual rental of RMB 240,000 yuan should be paid within the fi rst month of each calendar year. In the middle of September 2008 these two companies concluded a sales contract, by which IT Company provided Owner some IT equipment for RMB 200,000 yuan. Payment would be by a 20% deposit (RMB 40,000 yuan) to be made after the conclusion of the contract, and the remaining RMB 160,000 yuan to be made in three months after the delivery of the equipment. After the conclusion of the sales contract, Owner paid RMB 40,000 yuan as deposit and received the equipment provided by the IT Company. In February 2009, due to the fi nancial crisis, IT Company suffered a huge loss and was declared bankrupt by a competent court under the application of its creditors. Therefore, it declined to pay the rental for 2009. The court designated a bankruptcy administrator to deal with the liquidation of IT Company. During the process of the liquidation, Owner declared the rental RMB 240,000 yuan due for 2009 as its credit, and requested to offset the remaining equipment price RMB 160,000 yuan. It also declared the termination of the leasing contract between the two companies. Required: Answer the following questions in accordance with the relevant provisions of the Enterprise Bankruptcy Law of China, and give your reasons for your answer:
(b) State how to deal with Owner’s request for the termination of the leasing contract. (4 marks)
参考答案：
In accordance with Article AH of the Enterprises Bankruptcy Law, after the court accepts an application for bankruptcy, the relevant bankruptcy administrator shall decide to terminate or continue to perform the contract that has been concluded before acceptance yet has not been fully performed and notify his decision to the other parties concerned. This means that a contract shall normally be terminated because a party to the contract goes bankrupt and loses its civil capacity to perform the contract. In the present case, the request of Owner to terminate the leasing contract was in conformity with the law. Therefore, Owner’s request should be accepted.