Research On The Priority Of Compensation For Consumers In Bankrupt Housing Enterprises

Along with the tightening of regulatory policies and the contraction of financing channels,the real estate sector as a whole faces a capital chain stress problem,and many real estate enterprises are entering bankruptcy due to insolvency.In addition to employees,social security,taxes and ordinary creditors in ordinary bankruptcy proceedings,many topics of interest such as home buyers are involved in the bankruptcy of estate companies,construction contractors,financial institutions and demolished people,which involves many subjects and has a wide social impact.How to balance the interests of different creditors,especially to properly deal with the rights and interests of consumer home buyers,has become an essential part of the bankruptcy process for real estate companies.Giving priority to "consumer purchasers" and enabling them to resist the priority right to receive the construction price and mortgage in bankruptcy proceedings has the practical significance of safeguarding the right to survival of vulnerable groups,balancing the interests of different creditors and supplementing the pre-sale license system at this stage,while the determination of "consumer purchasers "This paper takes a look at the relevant legal norms and the relevant legal rules.This paper analyzes and studies how to protect the legitimate rights and interests of consumer home buyers in the bankruptcy proceedings of real estate enterprises from the relevant legal norms,combining theory and judicial practice.By defining the difference between consumer purchasers and ordinary purchasers,this study firstly analyzes a series of problems of determining the priority right of consumer purchasers from the theoretical point of view,and clarifies the meaning,legal basis and scope of the concept of priority payment entitlements.The conceptual issues of the priority right of consumer home buyers are explained in depth by analyzing the focus of the case and laying the theoretical foundation for the study of the priority right of consumer home buyers.Secondly,the legal basis of the priority right of consumer home buyers is explained,the definition of the priority right and how to exercise it are elaborated,analyses the meaning of the concept of the right of pre-emption and the basis for its application,and the rationality of the priority right of consumer home buyers is analyzed in depth with these two perspectives as the entry point.Again,from the current legal provisions,we propose some problems faced by the judicial practice of consumer home buyers in the light of the bankruptcy cases in practice:the protection of consumer home buyers’ priority right to receive payment is only mentioned in the Reply of the Supreme People’s Court on the Issue of Priority Right to Receive Payment for Construction Projects(hereinafter referred to as"the Reply"),and its After its repeal,there is no new provision for the protection of consumer home buyers,and the lack of public notice system for the priority right of consumer home buyers is not conducive to the predictability and safety of transactions.Finally,in view of the above problems,we mainly give a general description of the proposals to improve the protection of consumer home buyers’ preferential payment.We propose to construct a system of consumer home buyers’ priority right of payment in the bankruptcy of real estate enterprises,enhancing the effectiveness of advance bankruptcy protection registration and the administrator’s right-of-choice criteria,and to strengthen the oversight of presale funds to better protect the legitimate rights and interests of home purchasers.