Research On The Priority Of Compensation For Consumer-type House Buyers In Bankruptcy Proceedings Of Real Estate Enterprises

In recent years,the real estate industry began to enter the adjustment period,many real estate enterprises gradually face the problem of bankruptcy.In dealing with this kind of problems,it will involve a large number of consumer buyers' right to live.Because the current law of our country has no special provisions on the bankruptcy procedure of real estate enterprises,the rights of consumer buyers can not be guaranteed.Therefore,how to protect the residential rights of consumer buyers has become a difficult problem to be solved.According to the idea that the central house is used for living,it is necessary for the real estate industry to return to the basic housing function.However,in terms of the rights of consumer buyers,the current laws in China include the Supreme People's court's reply on the priority of construction project price,provisions on Several Issues concerning objection to execution and reconsideration cases,and other relevant judicial interpretations.These Provisions are relatively scattered.Although they can be used as a reference for bankruptcy cases,they obviously lack direct system provisions and legal basis It can't completely solve the problems in reality.Based on the above reasons,this paper attempts to theoretically construct the rights of consumer buyers in the bankruptcy of real estate enterprises.This paper is divided into three parts.The first part analyzes the basis of the priority of the consumer buyer in theory,and discusses in detail from the perspective of the right subject,the right sequence and the rightscope.The second part starts from the current laws and regulations,combined with the handling of bankruptcy cases in practice,puts forward the problems faced by the consumer buyer in judicial practice.The third part aims at the above problems In order to better protect the legitimate rights and interests of consumer buyers,this paper puts forward some suggestions,such as building the system of priority of compensation for consumer buyers in the bankruptcy of real estate enterprises,improving the protection effect of notice registration bankruptcy and the standard of administrator's option,and strengthening the supervision of presale funds.