The Protection Of The Rights Of Buyers In The Bankruptcy Of Real Estate Development Enterprises

At present,the real estate development enterprise bankruptcy due to capital chain rupture phenomenon is widespread,and how to protect the lawful rights and interests the person that buy a house about social stability,should cause high attention.Based on the detailed analysis of the real estate development enterprise bankruptcy of hua,points out that part of the person that buy a house as an ordinary creditor debt repayment is obviously unfair.In view of the real estate development enterprise bankruptcy is different from common enterprises bankruptcy research background,real estate development enterprises,there is a special rights and interests of the person that buy a house in the bankruptcy procedure guarantee.According to distinguish whether home delivery and transfer as a standard,the person that buy a house is delivered has not transfer,transfer,delivered not deliver not transfer in three different situations,based on the article in the bankruptcy law realm,this paper studies delivered not transfer has not been paid and not change the situation.In property ownership of the house are discussed under two circumstances as well as the rights and interests protection problems,put forward delivery,which have not been transfer house property right belongs to the purchaser and the bankruptcy administrator should assist the transfer advice;In not deliver not transfer case,the person that buy a house only have claims,in order to protect their legitimate rights and interests of tips to get the maximum enjoy the priority of compensation in the bankruptcy proceedings.