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Research On The Protection Of The Rights And Interests Of The Buyers Under The Background Of The Bankruptcy Of Real Estate Development Enterprises

Posted on:2019-01-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y XuFull Text:PDF
GTID:2416330545463837Subject:legal
Abstract/Summary:PDF Full Text Request
In recent years,housing transactions have been in full swing,with the opening of the two-child policy in 2016 and the increase in demand for housing purchase,which has set off a wave of buying and selling upsurge.However,disputes have emerged in the course of housing transactions,and in the context of the bankruptcy of real estate development enterprises,This kind of case often presents the characteristic such as group sex,involve a wide range.Among the many bankruptcy claims,the order of the property buyers' claims is not only related to the survival of many buyers,but also related to the interests of other creditors.Improper handling may lead to other additional litigation waste judicial resources.It may even lead to events that affect public order.This paper analyzes the legitimacy of the right of the buyer's priority,the relationship between the priority of the buyer's right of compensation and other claims,the improvement of the protection system of the buyer's rights and interests,the comprehensive use of legal analysis,comparative analysis,case analysis and other analysis methods.The whole article is divided into four parts: the first part,brief introduction of cases,The second part analyzes the civil law basis,source,social factors and the scope of the buyers who enjoy the priority of compensation.The third part analyzes the bankruptcy of the real estate development enterprise from the basic theory of civil law and the real right law.When the construction project price priority,mortgage and buyers priority to pay off the order.The fourth part is to perfect the protection system of the property buyers' rights and interests,to provide suggestions for resolving the conflicts existing in the settlement of each creditor's rights in the bankruptcy procedure,and to ensure the realization of the property buyers' rights.
Keywords/Search Tags:Real estate enterprise, Priority for home buyers, construction project price, real rights granted by way of security
PDF Full Text Request
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