On The Protection And Balance Of The Right Of The Buyer In The Liquidation Procedure Of The Real Estate Development Enterprise

As a for-profit engaged in real estate development enterprises in urban land development,construction,real estate marketing of the premises and attached facilities public enterprises,when faced with financing difficulties,capital chain rupture,real estate development enterprises have to through the bankruptcy process to solve the debt crisis,but as a result of bankruptcy reorganization procedure requirements more stringent,some small and medium-sized real estate development enterprises are often on the path of the liquidation.As one of the more complex the bankrupt enterprise type,in the process of liquidation,a variety of rights often coexist in the same house,such as property rights,creditor’s rights,even to buy consumer’s right to exist.Due to bankruptcy and liquidation of the ultimate aim is to realize creditor’s rights and debts of fair pay,when many rights coexist,makes the conflict between rights,particularly in the rights conflict to appear on the discharge line.Practice in the real estate development enterprise bankruptcy case,one of the most pressing problem is building vendee conflict of rights and other rights,which makes the building exercise emerged from the rights of the buyer.Due to the building vendee right implementation issues such as research has certain limitation,so the author will use legal theory analysis,comparative analysis,case analysis and other methods,the implementation of the rights on the houses where the buyer puts forward comprehensive analysis,and combined with the current laws and regulations and judicial practice in the case of,puts forward the corresponding countermeasures and suggestions.This article is divided into three parts:The first chapter mainly discusses the location of the housing buyer’s rights in the bankruptcy liquidation procedure.On the basis of the value goal of the bankruptcy proceedings,the author analyzes the conflict between the protection of the rights of the buyer and the buyer.Second,through to our country current law and judicial interpretation of the rules and the bankruptcy case practice analysis,this paper building vendee priority rights relative to the general creditor’s rights,and puts forward some Suggestions to perfect the relevant judicial explanation.The second chapter mainly combining with the case in the trial practice,the writer discusses the nature of the different legal behavior under the action of building vendee right change,analyzed in some special cases,advance notice registration environment whether building vendee applies to recall the nature of the rights of the person that buy a house,"repay a debt houses" nature of the rights of the other party,and houses the buyer in the executory contract rights attribute.The third chapter using the tabular enumeration and especially on the way,focused on the analysis of delivery and fulfillment of consumption and investment of the person that buy a house under different circumstances the person that buy a house right to exercise the problems in the bankruptcy liquidation.The conclusion is summarized according to the full text analysis.Established in the current law and judicial practice,on the basis of reality the sequence,after the adjustment,rank the various relevant in the real estate development enterprise bankruptcy liquidation rights ought to pay off the sequence.