| With the rapid development of real estate market,the competition between enterprises intensifies,which leads to many real estate enterprises in China.From the point of view of practice,when enterprises are difficult to operate and unable to repay their debts,they usually sign various agreements with creditors.At present,the behavior is not normative,leading to a large number of social disputes and problems,which is not conducive to the stability and development of social economy.Especially in recent years,the situation of "house-to-house debt agreement" has been increasing in bankruptcy proceedings,which seriously affects the problem that creditors’ legal claims are paid off when enterprises go bankrupt.Although there are a series of legal norms on the settlement of this kind of disputes in our country,there is still no unified conclusion on the nature and effect of the "house debt agreement ".Different opinions have appeared in judicial practice on the judgment result of the agreement,which not only can not protect the legitimate rights and interests of creditors,but also greatly reduces the social credibility of the judicial organ.This paper mainly discusses the legal problems such as the nature and validity judgment behind the phenomenon of housing debt repayment agreement from the perspective of the relevant cases of real estate enterprises.Combined with the relevant provisions of bankruptcy law,some suggestions are put forward to solve the problem.This article is divided into four chapters:The first chapter is introduction.Firstly,the background of the topic and the significance of the research are described.Secondly,it introduces the current situation of the research on the housing-for-debt agreement at home and abroad.Finally,the research methods and innovations of this paper are summarized.Chapter two: The type and nature of the agreement in bankruptcy proceedings.This chapter first classifies the "house-to-house debt agreement ",according to the time of signing the house-to-house debt agreement,it is divided into the house-to-house debt agreement signed at the time of the conclusion of the loan contract,the house-to-house debt agreement signed before the expiration of the debt performance period,the house-to-house debt agreement signed after the expiration of the debt performance period;secondly,the relevant cases are discussed in combination with the relevant laws and regulations of our country or judicial interpretation;finally,it is concluded that the " house-to-house debt agreement " belongs to the new debt settlement or the change of the debt.Chapter three: The status and validity of the agreement in bankruptcy proceedings.This chapter first summarizes the present situation of the judicial judgment of "house debt agreement" in our country,and finds that the same case is different;secondly,taking Zhu Junfang case and Yang Weipeng case as an example to analyze the problem of "house debt agreement ".However,the false intention of both parties is hidden under the new debt settlement or debt change agreement,so it should be affirmed in the case of not violating the mandatory provisions of the law.Chapter Four: Suggestions on the settlement of the agreement on mortgage settlement in bankruptcy proceedings.This part mainly combines the basic creditor’s rights type,the performance stage and the special provisions of the bankruptcy law to analyze one by one,summarizes the treatment method of the agreement,and puts forward the corresponding perfect suggestions. |
