Research On Protection Of The Paid Buyers In Bankruptcy Liquidation Of Real Estate Enterprises

Affected by national macroeconomic policies,corporate bankruptcies have gradually increased in recent years,as have real estate companies.The principle of equal creditor's rights and collective compensation procedures in the bankruptcy law are important foundations for protecting the interests of all creditors.However,the Judicial interpretation breaks through the principle of equality of creditor's rights to give priority to the payment order of the paid house.This provision cannot be found in China's current bankruptcy laws and regulations,but in judicial decisions,the Survival rights of weakers or real right expectation rights need to be protected as a reason to directly or indirectly set a priority for the paid person.It is not difficult to find out that this kind of practice has the following problems:First,under the premise that there is no legal stipulation in the law,this practice in bankruptcy practice can easily lead to bankruptcy claims such as priority compensation rights,mortgage rights,etc.for construction project prices.Conflicts among the order of settlement.Secondly,in the absence of the supporting public announcement system,there is no theoretical basis for giving the paid person priority over the effect of real right,and this setting does not meet the general acceptance of bankruptcy property in bankruptcy proceedings.Pursuit of value.Finally,the bankruptcy practice mid-term housing sale system and irregular practices in the bankruptcy exercise of the manager's right to dismiss have caused insufficient protection of the rights of the person who paid the house,which ultimately makes it difficult to effectively advance the bankruptcy process in practice and easily induce group disputes.Therefore,the purpose of this article is to analyze the application of the "Priority to Claim Right",and then analyze the important reasons why the real estate company's creditor's claims are difficult to be effectively protected when it goes bankrupt.(Pre-sale)When the performance status of the contract is distinguished,the manager's choice to continue performing the contract or terminate the contract will have different effects on the claimant's right to pay.Therefore,in the practice of real estate bankruptcy,the manager should exercise the right of choice in accordance with the status of the construction project to ensure the smooth progress of the bankruptcy procedure.From the perspective of restricting protection,this article analyzes the conflicts between the creditor's rights of the paid house and other creditors' rights,and proposes to push the registered buyer's right of delivery to the property in the state of completion of the contracted commercial house construction.In the state where the commercial housing is not yet completed,based on the need to maintain the security of transactions in the real estate market,it is advisable to determine the order of settlement based on the time sequence of advance notice registration and the announcement of mortgage rights,etc.;based on protecting the survival interest of the paid house owner As required,the manager shall not exercise the right of rescission and shall satisfy the priority payment right for those paying the house that meet the priority payment conditions.For those paying the house that do not meet the priority payment conditions,their claims may be declared as Ordinary debt settlement.At the same time,in order to ensure the smooth progress of the bankruptcy proceedings,the payer of the house has taken the initiative to cancel the contract for the sale of commercial housing(pre-sale)and request the return of the payment,which shall be listed as ordinary debts for settlement.