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Research On Priority Of Repayment Right In Bankruptcy Procedure Of Real Estate Enterprise

Posted on:2021-12-14Degree:MasterType:Thesis
Country:ChinaCandidate:S TangFull Text:PDF
GTID:2506306191998459Subject:legal
Abstract/Summary:PDF Full Text Request
There are many differences between bankruptcy of real estate enterprise and bankruptcy of other enterprises,such as the wide range of creditors and the wide range of interests involved,so it is necessary to carefully clarify the relations between creditors and debtors,creditors and creditors and examine the existing value of enterprises.In the case of bankruptcy of real estate enterprises,many subjects,such as house buyers,construction workers,mortgagees and creditors,put forward their respective claims in the bankruptcy proceedings.The right conflicts are serious,and the order of creditors is made clear in the bankruptcy proceedings,in particular,the priority of creditors with the right to payment has become a difficult point in bankruptcy cases.This paper focuses on the priority system of real estate enterprise bankruptcy procedure,focusing on the problems of the priority system of real estate enterprise bankruptcy procedure,starting with the analysis of the conflicts of interest arising from the three types of creditor’s rights that have priority to be repaid,namely,property buyers,construction project prices and security interests,this paper analyzes the types and nature of the rights of the buyers who pay most of the house payment,the buyers who pay less than most of the house payment,the claims of the construction project price and the claims of the establishment of security.In accordance with the principles of the priority of survival interests,the priority of rights through publicity and the particularity of the bankruptcy of real estate development enterprises,this paper compares the order of the special priority of receiving compensation in the bankruptcy of real estate development enterprises,to further improve the trial rules of bankruptcy cases of real estate enterprises in China.
Keywords/Search Tags:real estate enterprise bankruptcy, house buyer, construction project price, real right for security, right sequence
PDF Full Text Request
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