Research On The Priority Ranking Of Real Estate Development Enterprises In Bankruptcy

In recent years,the state policy on real estate financing continued to tighten,coupled with the internal management of real estate enterprises,the number of applications for bankruptcy of real estate development enterprises increased year by year.The bankruptcy of a real estate development enterprise involves many creditor's rights,in addition to the general priority of bankruptcy expenses,common benefit debt,employee's creditor's rights,tax creditor's rights,etc.,due to the particularity of the debtor's property,it will also give rise to three types of priority in construction projects,namely,the right to compensation for resettlement,the right to priority in receiving compensation from house buyers,and the right to priority in receiving compensation for construction project prices.These three types of priority rights arise from legal or judicial interpretation,four types of creditor's rights,including the mortgage right of construction project generated by the agreement between the real estate development enterprise and the real right holder of the security,shall be given priority in payment for the construction project and the discounted price.When the real estate development enterprise goes bankrupt,the competition among all kinds of creditor's rights is extremely intense,but the existing law lacks the concrete clear stipulation to the priority and the priority in the property distribution liquidation sequence.The determination of priority payment order plays a vital role in the bankruptcy procedure of real estate development enterprises,which is related to the smooth proceeding of the bankruptcy procedure,the protection of the survival interests of vulnerable groups and the stability and harmony of the social order.Therefore,it is urgent to study the priority and liquidation order in the bankruptcy of real estate enterprises.This paper studies the nature,legal basis and application of the priority in the bankruptcy of real estate enterprises,and judges the priority between the priority and other creditor's rights.This paper is divided into six parts.The first part is the introduction,elaborated the research goal and the significance in detail,unifies the domestic and foreign many scholars' different theory,the brief introduction research method as well as the innovation place.The second part introduces the bankruptcy dilemma of real estate development enterprises,analyzes the external and internal reasons which lead to the bankruptcy of real estate development enterprises and the difficulties in the trial of cases.The third part introduces the Protection of the rights of the relocated people,from the nature of the resettlement compensation right,from a number of angles on the resettlement compensation right of the relocated people should be given absolute priority.The fourth part introduces the buyer's priority protection,analyzes the buyer's priority to be repaid,through the description of the buyer's right to exercise the status quo,leading to the right in the legislative and judicial aspects of the problems,and put forward the way to improve.The fifth part introduces the realization of the construction project price priority in the bankruptcy procedure,expounds the dispute about its nature,and confirms the problems about the subject of the right,the scope of the creditor's right and the time limit for exercising it when it is applied,finally,the path of realization in the bankruptcy procedure is pointed out.The sixth part determines the liquidation order of priority in the bankruptcy procedure of real estate development enterprises,taking the mortgage of construction project as the starting point,comparing the construction project mortgage with the construction project price priority,the construction project price priority and the House buyer priority,the House buyer priority and the resettlement compensation right,respectively,finally,the priority liquidation order of the bankruptcy procedure of real estate development enterprises is obtained,which provides theoretical support and solution to the priority problem of the bankruptcy procedure of real estate development enterprises.