Research On The Legal Issues Of The Protection Of The Rights And Interests Of House Buyers In The Bankruptcy Of Real Estate Development Enterprises In My Country

In recent years,governments at all levels in China have been increasingly regulating the real estate industry,and the bankruptcy incidents caused by the tight and even broken capital chain of real estate development enterprises emerge in an endless stream.Real estate development enterprises bankruptcy involving wide range,influence the depth of are not ordinary can compare for the bankruptcy of the enterprise,the person that buy a house as such in the bankruptcy case quantity is the largest,most vulnerable of the creditors,whether it can solve the contradiction between the person that buy a house and other creditors can is the key to solve the problem of real estate development enterprise bankruptcy.Based on the theory of the bankruptcy of real estate development enterprises and the summary of the bankruptcy experience,this paper points out the problems of the protection of the rights and interests of the consumer buyers,the returners and the other buyers in the bankruptcy of real estate development enterprises.Among them,the problems in the protection of the rights and interests of the consumer buyers mainly include that the standard of the consumer buyers is not fair,the consumer buyers' right to continue to perform the contract may constitute the individual liquidation of the bankruptcy debt,and there is conflict with the administrator's right to continue to perform the contract.The main problem in the protection of the rights and interests of the returning households is that the provisions on how to protect the rights and interests of the returning households are not clear.The problem that rights and interests of other people that buy a house protect to exist basically is the order of discharge of creditor's right of other people that buy a house violates substantial fairness,the rights and interests that the person that buy a house with the form of house that make up a debt may encroachment on other creditor.According to the above problem,this paper made in perfecting the protection of the person that buy a house on consumption consumption is the main body of the person that buy a house that ought to be more careful and give due to real estate development enterprises shall pay the price lead to less than 50% of the consumption make up the price to 50%chance of person that buy a house,when to pay the price reaches 50% of consumption when the contract was released from the person that buy a house still enjoy the priority of compensation with respect to creditor's rights,exercise the right of termination of the contract should be strictly regulate managers at the same time.In the protection of the rights and interests of a property of aspects when built houses shall be given a property houses recall,when built homes are not given in the creditor's rights and the priority of compensation and continue to perform the contract claim and to illustrate the amount of debt,in addition to pay the dismantlees demolition and transition cost of creditor's rights shall be carried out in a sequence of the first pay off.In the protection of the rights and interests of other buyers put forward after the person that buy a house for advance notice registration shall give it the priority of compensation,the person that buy a house not during the advance notice registration to its creditor's rights shall be classified as ordinary creditor's rights,with small group system protected creditor's rights as well as in the real estate development enterprise bankruptcy room need to be carefully determined to fulfill the validity of the agreement.