The Effect Of Bankruptcy Protection Of Advance Notice Registration Of Commodity House

Initially,the pre-registration system was set by our country,primarily to regulate the transaction act of property development enterprise,to avoid the sale of a property to many people,mostly applies in apartment forward selling domain.At the present stage of economic development,some property development enterprises faced with bankrupt difficult position.The key issue facing us at the moment is,in its bankruptcy situation,in the commodity apartment sells in advance in the process,how to guarantee has been to the subject matter is dealt with advance notice registration of rights,whether the bankrupt supervisor can have the option as before,whether can resist option of the bankrupt supervisor.There is no clear provision for this bankruptcy law,the property law and the relevant housing registration method does not specify its effectiveness in the insolvency proceedings,In the practice of the processing results were not unified,rights and interests of people is difficult to achieve.Thus,analyze its nature,determine its effectiveness in insolvency proceedings,it is not possible to arrive at a unified opinions on how to handle,has the extremely vital meaning.After explaining the background and significance of the topic,the author,through the introduction of the basic theory of pre-registration and pre-sale of commercial housing,on the basis of analyzing the content of the law,proposing that property buyers in the purchase of pre sold commercial housing,both sides agreed the advance notification registration item,and the two sides have completed the formalities.Then vormerkung naturally have the effect of bankruptcy protection.As the bankruptcy law passed and implemented earlier than the property law,so that it is difficult to deal with related issues to form a unified standard,it is very difficult for us to guarantee them access to the realization of the relevant rights.Section two,by analyzing the effect of the property law registered in the pre-registration,drawing on extraterritorial laws and judicial practice,my suggestion that the restrictions on the insolvency administrator of the option.In this regard,this paper will be divided into the following three cases to explore.The two parties had not completed the contents of the agreement,a party has completed the contents of the agreement,the situation of only one party subject to contractual obligations.The third part,when property development enterprise into bankruptcy procedures,due to insolvency,bankruptcy property is very limited,involving a lot of rights such as construction project priority,buyers,workers and other rights of the main claims their rights and interests.The author will contrast the right of commercial housing pre-sale notice registration and related rights conflict,clarifying its relationship with the related rights,trying to find the correct order of the bankruptcy liquidation.