Conflict And Resolution Of The Order Of The Settlement Of The House Buyer's Creditor's Rights In The Bankruptcy Proceedings Of Real Estate Enterprises

In recent years,with the adjustment of the national macroeconomic policy,the number of bankruptcy cases of real estate enterprises has increased sharply,and the bankruptcy practice has been controversial about the settlement of the purchaser's creditor's rights.In the bankruptcy proceedings,the collective compensation of creditor's rights is the basis for protecting the interests of creditors.The current creditor's rights settlement in China's current bankruptcy law does not set the priority of the purchasers.However,in judicial practice,it is mostly to protect the survival interests or protection.The priority of the property right expectation or direct or flexible gives priority to the settlement.Such bankruptcy practice is likely to cause the following problems: First,in the absence of the basis of the superior law,the priority of bankruptcy practice superposition is likely to result in the settlement of construction bank payment priority rights,security interests,tax claims and other bankruptcy claims.conflict.Secondly,in the absence of a corresponding publicity system,there is no theoretical basis for the priority system of the bankruptcy creditor's right to break through the property rights priority.The priority settlement of the purchaser is set to challenge the value pursuit of the bankruptcy procedure.Finally,the chaotic conflicts in the bankruptcy law settlement led to insufficient protection of bankruptcy claims of buyers,resulting in poor operability and flexibility in the practice of bankruptcy procedures.Therefore,this paper aims to sort out the creditor's rights in the bankruptcy process into three types of creditor's rights,such as priority credit,ordinary credit and post-insurance.By analyzing the internal reasons of the distress of the purchaser's creditor's right in the bankruptcy procedure of real estate enterprises,it is pointed out that the bankruptcy practice does not distinguish the influence of the fulfillment status of different commercial houses on the claim of the purchaser's claim,which is embodied in the request of the purchaser in the two states of continuing to perform the contract and cancel the contract.The difference in power,combined with the balance between the state of the housing estate or the existing housing and the internal and external conflicts of the buyer's claims.In the perspective of restrictive protection,by clarifying the conflict between the purchaser and other creditors,it is advocated that in order to protect the survival interests of the purchaser,the consumer purchasers who pay the full purchase price will be included in the priority settlement order;The purchaser of the advance noticeregistration,in the state where the target house is an existing house,prioritizes the claim for the payment of the house over the priority of the construction price.In the state where the standard house is the forward housing delivery,according to the order of the notice registration time and the registration time of the security interest,the settlement order of the security interest is decided;regardless of the forward housing delivery or the existing house,the purchaser advocates the termination of the contract and the payment of the monetary claim.The creditor's rights were settled.