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。