The Research On The Priority Of The Buyer In The Bankruptcy Of The Real Estate Enterprise

Since the reform and opening up,Chinese economy has developed rapidly and people's life level have been steadily climbing.One of the hot topics of people's livelihood nowadays is "buying a house".For most people,houses have became the center of gravity and the most important property during their lives.But after a period of rapid development,the macroeconomic regulation and control of national policy in recent years and the market decline in purchasing power that a real estate market,into a depressed state,wandering in the edge of collapse,some real estate enterprises and even the phenomenon is also common occurance of bankruptcy.Compared with other enterprises,real estate enterprise bankruptcy has certain particularity: first of all,it affected the interests of the main body is complex,the interests of all parties need to balance coordination,not only involved in the body of the complex,and the involvement of interests is wide.n addition,the laws and regulations more involved,not only has the enterprise bankruptcy law,also involves the property law,contract law and relevant judicial explanation,etc.,these involved and there may be some conflicts between laws and regulations,still need to conduct a comprehensive consideration.At present,the relevant laws and regulations of our country still cannot solve all the problems in the practice of the bankruptcy procedure of real estate enterprises.In addition to the introduction and conclusion,this paper mainly studies the priority of homebuyers in the bankruptcy process of real estate enterprises from the following four aspects:The first part,first of all,the introduction of a real estate company in chongqing bankruptcy reorganization case,based on the particularity of real estate enterprise bankruptcy and the interests of the involved were analyzed,and the second derivation buyers priority,mainly explains the basic theory of priority and buyers priority the meaning of existence.The second part mainly analyzes the basic legal principle of the priority of buyers in the bankruptcy process of China's real estate enterprises.First of all,this part defines the "homebuyers" who can enjoy priority.Second interpretation related laws and regulations in China,the key to have the right of the application of the determination of buyers,buyers priority and with other priority sequence conflicts and other issues were discussed.Because buyers priority rules only in the supreme people's court about construction project cost of approval of the priority of compensation with respect to this judicial interpretation,not to create directly by the law,and China's laws and regulations for the cognizance of buyers,buyers priority for not made specific provision,this will directly lead to generate controversy in practice;On the other hand,the priority of homebuyers in the bankruptcy process is also confronted with the priority of construction project price and mortgage of construction project.This article thinks,on the basis of the consideration of the whole or part of the buyer's payment,it is still necessary to investigate the purpose of the buyer's purchase.The buyer who buys a house for living and has no other house under his/her name can enjoy priority if more than 50% of the purchase price is paid at the same time.In addition,to solve the construction project price priority and sequence of the construction project between mortgage and property buyers rights conflict,the author believes that under the present legal framework should be specific analysis combined with actual situation.The third part and the fourth part mainly discuss the problems of the priority of buyers in the bankruptcy of Chinese real estate enterprises and how to improve the priority system of buyers under the current legal framework.There are still many loopholes in China's legislation concerning the priority system of homebuyers,and many problems have been exposed in the practice of bankruptcy.After analysis summary to the above problem,this paper puts forward some Suggestions to perfect further,think it is imperative to clear existing legal effectiveness level,build a more complete system of real estate enterprise bankruptcy system;At the same time,we should give full play to the subjective initiative of the manager and establish a sound system to further protect the rights and interests of buyers.In this part,the paper also put forward,such as a clear commercial housing sales contract net,and for the record of the force of law,improve the system of registration and insurance mechanism and a series of trying to develop the real estate project specific perfecting measures.