Research On The Protection Of The Rights And Interests Of The Purchasers Under The Background Of The Bankruptcy Of Real Estate Development Enterprises

With the rapid development of China’s real estate industry and the higher pursuit from people of a higher quality of life, housing has become the focus of people’s lives and the most important property in many families. At the same time, because of the high price and many negative news reports about building quality, the attention those buyers pay to the quality of commercial housing has reached an unprecedented height. Because the quality of commercial housing is directly related to the personal and property safety, not only the quality and its responsibility of commercial housing, but also the disputes raised from it has increasingly becoming the focus of people’s life.But in recent years, the macro-control of national policies and the weakening purchasing power have made the real estate market downturn, breaking the situation that the real estate enterprises can make money, not to the bad. Some real estate development enterprises teeter on the verge of bankruptcy; even some enterprises have gone bankrupt and been written off. The bankruptcy and the cancellation of real estate development enterprises will generate all sorts of problems. At first, referring to the commercial housing which are not transferred and undelivered, since the ownership does not belong to the buyer, they will be listed in the assets of the bankruptcy liquidation. The second is the problem that who will be attributed to due to quality defects or liability arising from quality defects. For example, about the structure of the building, the relevant laws and regulations have described that the usage period of the foundation engineering and the design of the main structure is at least 50 years, if any problem of quality occurred during this period, the real estate development enterprises should take on the responsibility; what’s more, according to the current laws and regulations, once the bankruptcy cancellation occurred, many problems will emerge in an endless stream, such as the subject of responsibility is not clear or unknown.In view of the above problems, this paper aims to put forward some perfect settlement mechanism, and under the background of the bankruptcy of enterprises engaged in real estate development, how to safeguard the legitimate rights and interests of real people and puts forward some solving measures. The core content of this paper consists of three parts: in the first part, this paper will lead to the adverse effects on the existence of the legitimate rights and interests for buyers after the bankruptcy of the real estate development enterprises, and as real estate, the buyers can be divided into two types: transferred and non-transferred. In the second part, this paper mainly discusses that, when the real estate development focuses on bankruptcy, how to establish the rights protection mechanisms for buyers whose commercial housing are not under their names, and then points to the two types of those buyers: housing have been delivered and not been delivered, this part will offer some remedy differently. In the third part, this paper will put forward some measures on the full learn from foreign advanced system and the domestic practical experience for the group of the buyers whose housing have been transferred under their names. Through this paper, the author hopes that this paper can provide some basis for the judicial practice, so that the commercial housing quality issues could be determined and the legitimate rights and interests of buyers could be guaranteed.