On The Priority Of Consumer Buyers In The Bankruptcy Of Real Estate Enterprises

There are many interest subjects involved in real estate enterprises,and the relationship between creditor’s rights and debt is complicated.After the bankruptcy procedure of real estate enterprises,the order of creditor’s rights repayment between consumer buyers and other interested parties cannot be timely handled,which is easy to cause a large number of owners to gather,which is not conducive to the maintenance of harmonious and stable social order.Therefore,in order to guarantee the realization of the residence right of consumer buyers and balance the interests of other creditors of bankrupt real estate enterprises,it is imperative to construct the priority system of consumer buyers.Facing the situation that there are few stipulation of priority of consumptive house purchase in our current law,protecting the right of consumptive house purchase can become a way out by the enterprise bankruptcy Law,while the theory of real right expectation,guarantee of life and fair repayment can become the theoretical basis of the right of priority of consumptive house purchase.From the perspective of necessity,the protection of the enterprise bankruptcy law for the rights and interests of consumer buyers can correct the unfavorable position that consumer buyers face in the bankruptcy process and respond to the liquidation order of all interested parties after the bankruptcy of the real estate enterprise.From the perspective of feasibility,the Civil Code is the general law,and the Enterprise Bankruptcy Law is the special law,and the special law is applied before the general law.Besides,the Enterprise Bankruptcy Law has made the ordination of other bankruptcy creditor’s rights.Regarding the priority of consumptive house purchase,there is no clear legislation in our country at present,only scattered in related judicial interpretations and internal court documents.The right basis of consumer buyers’ priority can be found in the Provisions of the Supreme People’s Court on Several Issues concerning the Handling of Execution Objections and Reconsideration Cases by the People’s Courts and the Minutes of the Conference on Civil and Commercial Trials of National Courts.In fact,there have always been applicable judgments in judicial practice in various places.Therefore,existing judicial interpretations and relevant laws and regulations should be properly referred to.In terms of the specific construction of the right of priority for consumer buyers,the identification criteria of consumer buyers should be accurately defined to distinguish them from "investment buyers","buyers who pay for debts by housing" and those who are demolished.It is logical to clarify the legal nature of the right of priority,and then distinguish it from other problems of the order of repayment of creditor’s rights and real rights after clarifying the legal nature of the right of priority for consumer buyers.In terms of the relief of the priority rights of consumer buyers,the public announcement system should be perfected,the predictability of the third party should be enhanced,and the transaction security should be maintained.And to limit the bankruptcy manager arbitrary rescinded the right of pre-sale commercial housing contract.