| In recent years,due to the rupture of the capital chain of real estate development enterprises,there are endless cases of bankruptcy of real estate enterprises.The protection of the rights and of property buyers greatly affected the social stability,which should be paid great attention to.The bankruptcy of real estate enterprises involves many bonds.In addition to the general priority of bankruptcy expenses,public welfare debts,employee creditor’s rights,tax creditor’s rights and so on,due to the particularity of the debtor’s property,it will also give rise to the priority of the buyer and the price of construction projects.When the real estate enterprise goes bankrupt,the competition between various creditor’s rights is very fierce,and the existing laws lack specific and clear provisions on the priority and the repayment order of priority in the distribution of property.The position of buyers in the bankruptcy proceedings of real estate enterprises is relatively weak,the access to information is very limited,and the number of buyers is huge.Therefore,the research on the priority of the buyer in the bankruptcy procedure of real estate enterprises and the order of repayment is related to the smooth progress of the bankruptcy procedure and the stability and harmony of social order.The research mainly consists of four parts:The first part mainly describes the research background and significance,including China’s economic status,social environment and legislative background.Then it summarizes the research results on the protection of the rights and interests of home buyers at home and abroad,which lays the theoretical foundation of this paper.The second part introduces the casess and leads to problems,and puts forward the realization of the priority of buyers in the bankruptcy of real estate enterprises and the liquidation order of buyers’ priority in the bankruptcy distribution.On the issue of the priority right of buyers in the bankruptcy of real estate enterprises,this paper analyzes it from two aspects:the nature of the priority right of buyers and the legal basis of the priority right of buyers;Starting from the damage results and social factors,this paper analyzes the rationality of the priority of buyers in the bankruptcy of real estate enterprises;Analyze the recognition standard of the priority of buyers in the bankruptcy of real estate enterprises.The third part analyzes the liquidation order of the priority of the buyer in the bankruptcy distribution,that is,the creditor’s right liquidation order relationship between the buyer and other right subjects in the bankruptcy distribution.Firstly,it explains the concept and characteristics of bankruptcy distribution and the basic rules that should be followed to establish the order of bankruptcy creditor’s rights Secondly,it analyzes the priority disposal of the creditor’s rights of the buyer and the creditor’s rights of other right subjects,briefly analyzes various creditor’s rights existing in the bankruptcy procedure of real estate enterprises,and suggests that the priority order of the liquidation is as follows:the creditor’s rights of the buyers priority to be repaid,the creditor’s rights of the Contractor’s priority to the project price,the creditor’s rights of mortgage,bankruptcy expenses,mutual benefit debts,employee’s rights,tax claims,other payable social insurance expenses and ordinary creditor’s rights.The fourth part is the suggestions on the realization of the priority of buyers in the bankruptcy of real estate enterprises.In reality,it is necessary to promote the realization of the priority of buyers in the bankruptcy of real estate enterprises:further clarify the scope of application and specific rules of the priority of buyers;Improve the pro-sale system of commercial housing;Pay attention to the balance of interests among the subjects of rights;Use government resources to solve practical problems in bankruptcy proceedings. |
