| In the process of operation and development of real estate development enterprises,there are many interests involved,and the legal relations formed are also complex.Dealing with the rights and interests of home buyers in the bankruptcy is not only related to whether the bankruptcy procedures of real estate development enterprises can be carried out smoothly,but also related to the stability of the whole social order.Relevant laws and judicial interpretations have exposed problems such as unclear regulations and chaotic application.Although the relevant provisions of the Nine People Minutes have a guiding role on the case determination,they can not be used as a direct basis for the court’s judgment.Therefore,this paper takes the rights and interests of home buyers as the research object,and discusses the four parts in addition to the introduction and conclusion.The first part is the introduction of problems.The representative cases in this field are selected,and the problems related to the rights and interests of home buyers in the bankruptcy cases of real estate development enterprises are extracted from the cases.The full discussion will also focus on the refined problems.The second part discusses the housing rights and interests of home buyers.Due to the different judicial interpretation of the two regulations,there is a dispute between the theory and practice circles over whether the house paid by the buyer belongs to the debtor’s property.This paper holds that the house that has not handled the registration of property right transfer should belong to the debtor property,but the buyers that meet certain conditions can still realize the ownership of the house.In addition,for the buyers who have paid part of the house money,this paper believes that the bankruptcy administrator should not exercise the right of discharge at will,but should measure the interests.The third part discusses the rights and interests of the house buyers.This part of the discussion is the "priority compensation",because of the first provisions of the "reply"(interpretation [2002,16)has been abolished,although 1,2023 on April20,2023,but still not to enjoy priority compensation of commercial housing consumer scope,and interpretation of 20231 of article 2 and article 3 and the implementation objection reconsideration provisions in article 29 can exclude execution and priority over other claims compensation of commercial housing consumers should have conditions conflict,so it is necessary to clarify.In addition,this paper believes that the buyers of commercial housing consumers should still be positioned as common creditor’s rights rather than common beneficial debt.The fourth part discusses the concrete realization of the rights and interests of home buyers.This paper holds that the realization of house ownership should not be restricted by the proportion of house payment.The difference between the realization of the housing rights and interests of commercial housing consumers and other buyers mainly lies in that the latter also needs to meet the condition of owning the house.This paper suggests that the notice registration system can be used as a means to restrict the exercise of the right.In view of the realization of the rights and interests of the buyers,this paper believes that in addition to the house paid,deposit penalty and other money can also be realized but usually should be paid off as ordinary creditor’s rights.Secondly,it is suggested that the priority right of compensation given to commercial housing consumers should be clearly stipulated at the legal level to play the public effect that can really counter the real right of security,rather than only being stipulated in the judicial interpretation.Finally,it is suggested that under the background of commercial housing pre-sale,we should strengthen the protection of the housing payment paid by the buyers,and the way of protection can learn from the relevant regulations of foreign countries. |
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