| Under the background of economic transformation in China,the real estate market fluctuation and the adjustment of national policy are likely to make the real estate development enterprises go bankrupt because of capital chain rupture,among them,due to the diversity of creditor's rights in the real estate enterprise bankruptcy,bankruptcy proceedings the parties launched intense interest game,and disadvantaged consumers generally as the largest number of group buying a house,its directly affect the social stability the protection of rights,although academia and practice are seeking to purchase consumer special protection path.But what is the theoretical basis for consumer protection? How to achieve the balance of predictability and safety between consumers and transactions? How does the system that buys a house consumer to protect join effectively with current law? All these questions deserve further study.Apart from the introduction and conclusion,this paper mainly studies the protection of consumers' rights to purchase houses in the bankruptcy process of real estate development enterprises from the following four aspects:The first part introduces the bankruptcy case of huzhou port city real estate co.,ltd.and analyzes the interests involved in the bankruptcy process of real estate development enterprises on this basis,and then leads to the protection of the rights of consumers to buy houses.The second part mainly elaborates is the theoretical basis of consumer protection that buy a house,the creditor's rights and equality of is one of the legislative purpose of bankruptcy law,real estate enterprises of the stakeholders involved in the bankruptcy process is numerous,and priority to real estate enterprise bankruptcy of consumer protection,there must be a convincing theoretical basis as the basis of support and protection.Therefore,this chapter will analyze the necessity of giving priority protection to buyers in the bankruptcy of real estate development enterprises from the perspective of legal basis,practical basis and comparison with other major stakeholders.The third part mainly analyzes the current situation of the protection of consumers' rights under the current law.On the one hand,through the analysis of the "enterprise bankruptcylaw" in the general protection of the purchase of consumers,explore the purchase of consumers to pay all of the purchase and part of the purchase of the purchase of consumer rights under the circumstances of protection;On the other hand,through the analysis of the "priority to receive compensation right approval" for the protection of the right of purchase of consumer priority,pointed out that the lack of legal basis and publicity system,the scope of the main body of unclear issues such as the analysis of China's current laws in the protection of the right of purchase of consumer defects and conflicts.The fourth part is mainly aimed at the problems existing in the current situation of the law on the purchase of housing consumers,for the protection of the rights of China's purchase of consumer system ideas,the main idea is to improve the existing legal system,to build a new security system.First of all,the law is adopted to determine the right of priority for consumers to purchase houses,clarify the scope and effectiveness of the subject of the right of priority,and publicize the right of priority through the advance notice registration system,limit the exercise of the right of priority,and make up for the predictability and security of transactions;Secondly,it elaborates on the way of exercising the priority.Since it is the best choice to promote the renewal of the construction under construction and deliver to creditors of all parties,it puts forward the optimization Suggestions for the renewal of the construction under construction.Finally,the establishment of deposit preservation system and the gradual implementation of existing housing sales system to fully protect the rights of consumers to buy a house. |
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