First Exploration Of Judicial Practice Of Marketization Bankruptcy Of Real Estate Enterprises

Real estate development enterprises refer to the enterprises engaged in development and operation of real estate for the purpose of making profits.In recent years,due to multiple factors such as difficulty in financing,large changes in policy and mutual insurance and loan between enterprises,the real estate development enterprises are facing difficulties.Because of limitations in traditional solutions,carrying out marketization bankruptcy on real estate development enterprises in trouble emerges as the times require.The bankruptcy of real estate development enterprises has its particularity compared with the one of other enterprises for involving in many creditor's rights subjects and complex legal relationship.How to deal with various legal problems arising from in the bankruptcy process of real estate development enterprises has become the focus and difficulty in theory and judicial practice.From judicial practice punishment,the paper takes the order of creditor's rights involved in bankruptcy procedure of real estate development enterprises.Subsequently,it analyzes the type and nature of rights such as consumer buyers' right,pre-registration buyers' right,construction project price creditor's rights,creditor's rights secured with property and labor creditor's rights,elaborates the interest conflicts between the rights involved,and determines the order of liquidation of bankruptcy creditor' rights of real estate development enterprises based on the principles of survival interest priority and right priority through publicity.The paper further puts forward system suggestions on the marketization bankruptcy of real estate development enterprises in China.The bankruptcy of real estate development enterprise typically reflects rights and interest conflicts of various subjects,and mainly embodies the game of various interest subjects,while the most important thing to solve these interest conflicts is to clarify the nature and order of liquidation of creditor' rights subjects.In addition,the paper also analyzes the importance and applicable rules of order of liquidation of creditor's rights for the bankruptcy of real estate development enterprises in combination with specific cases,and puts forward suggestions on improving China's bankruptcy system construction combined with judicial practice.The paper states the difficulties that real estate development enterprises suffered from with practical cases,analyzes the reason for running into trouble and the traditional solutions,combining with the particularity of bankruptcy of real estate development enterprises,and draws the conclusion that marketization bankruptcy shall be carried out on the real estate development enterprises in trouble.The paper carries out a detailed analysis by focusing on the rules of liquidation of creditor's rights in the marketization bankruptcy of real estate development enterprises,and proposes system suggestions on improving the marketization bankruptcy of real estate development enterprises in China.