On Priority Of Advance Registration Creditor's Rights In Bankruptcy Procedure

The development of the market economy has well promoted the development of the real estate market.In order to eliminate the chaos of selling more than one house and maintain the security of real estate market transactions,the advance notice registration system came into being.Advance notice registration system,as an important system in China's legal system,plays an irreplaceable role in the property law and bankruptcy law.However,due to the incomplete provisions of the bankruptcy law on the rules of the advance notice registration system,the status of the advance notice registration claims in the bankruptcy process is unclear,which has brought obstacles to the application of the advance notice registration system in the bankruptcy law,not only making advance notice registration claims is similar to exemption right,it also makes it impossible to resolve the conflict between the advance notice of registered claims and related rights in the bankruptcy proceedings.In this regard,it is necessary to clarify the status of advance notice of registered claims in bankruptcy proceedings.This article consists of three parts,namely,proposing problems in bankruptcy proceedings for advance notice registration of claims,analyzing problems,and solving problems.Firstly,the first part leads to the question of this article through the typical cases with different judgments in the same case,that is,whether the advance notice registration claims have priority in the bankruptcy proceedings.The second part analyzes the problem.The advance notice registration system is an important part of the property law.Foreign countries such as Germany and Japan have clearly stipulated the priority of the advance notice registration claims in the basic laws such as the Bankruptcy Law and the Civil Law.However,in China the priority of advance notice registration claims in bankruptcy proceedings is not only ambiguity in the Bankruptcy Law,but also in relevant legislation.The lack of priority of advance registration registration claims in the field of bankruptcy law has severely damaged the interests of obligee of advance registration registration,and also caused the interests of the parties to the bankruptcy to be unbalanced,threatening the realization of the purpose of the bankruptcy law,and clarifying the priority of advance registration registration claims in bankruptcy proceedings is imminent.The advance notice registration claim has priority in bankruptcy proceedings.It is not fabricated.The advance notice registration claims is significantly different from related rights such as the right of exclusion and the bankruptcy recall right in bankruptcy proceedings.Second,the advance notice registration claim also has its own special features in bankruptcy proceedings.When the advance notice registration claim is conflicting with related rights,such as the right of claim for construction project price,and the creditor's right of bankrupt workers,the advance notice registration claim has a higher priority in the settlement order.The third part is to solve the problem.The lack of relevant legal provisions is the biggest obstacle to the realization of the priority status of advance notice registration claims in bankruptcy proceedings.Therefore,to achieve the priority status of advance notice registration claims in bankruptcy proceedings,it is necessary to confirm the priority of advance notice registration claims in bankruptcy proceedings by explaining current legal,and restricts the bankruptcy administrator's right of renouncement,so as to clarify the priority status of advance notice registration claims in bankruptcy proceedings.