Research On The Protection Of The Rights Of The Purchasers In The Case Of Bankruptcy Of Real Estate Enterprises

In recent years,in order to control the bubble momentum of the real estate industry,China has adhered to the position of not speculation in real estate and introduced a number of policies,such as three red lines and sixteen financial policies.Many real estate enterprises are faced with the situation of capital chain break insolvency and on the verge of bankruptcy There are various types of creditors,and solving the problem of real estate bankruptcy will affect the future development of the whole real estate industry.However,whether to deal with the interest relationship among creditors in the bankruptcy of real estate enterprises is the top priority.Bankruptcy of real estate enterprises involves many legal relationships,mainly including the relationship between real estate enterprises and buyers,the relationship between real estate enterprises and construction contractors,the relationship between real estate enterprises and financial institutions,the relationship between real estate enterprises and building materials suppliers,and the relationship between buyers and financial institutions.In the bankruptcy of real estate enterprises,the priority of creditor’s rights is the key issue to deal with bankruptcy cases.At present,the priority of secured property(building auction price)except construction project payment and mortgage right is clearly stipulated in the contract compilation and property right compilation of the civil code,and the priority of creditor’s rights of buyers is not clearly stipulated in the Civil Code and the Enterprise Bankruptcy Law.Previously,Article 2 of the Supreme People’s Court’s Reply on the Priority of Compensation for Construction Project Price established the super priority of consumer buyers over the priority of compensation for construction project price.However,this reply has been abolished with the promulgation of the Civil Code,and the basis for the priority of compensation for buyers has been lost.However,in academic circles and practice,it has basically reached a consensus to protect the priority of consumer buyers.The losses suffered by the buyers due to the bankruptcy of real estate enterprises can only refer to Article 29 of the Provisions of the Supreme People’s Court on Several Issues Concerning People’s Courts Handling Cases of Execution Objection and Reconsideration(hereinafter referred to as the Implementation Objection Provisions)to safeguard their rights,but there is no unified view on the applicable subjects and conditions in theory and practice.The priority of the buyer’s right to compensation embodies the principle of fair repayment of bankruptcy claims and the legislative idea of protecting vulnerable groups.The creditor’s rights enjoyed by the buyer directly oppose the priority of the project payment and the mortgage claims without legal provisions,which violates the principle of equal compensation of ordinary creditor’s rights.If the subject of house purchase and the applicable conditions of Article 29 are not specifically defined,there may be problems of expanding the subject of protection and different judgments in the same case in practice.This thesis uses literature analysis and empirical analysis to discuss the legal basis and how to exercise the rights of buyers in the bankruptcy of real estate enterprises and the legal consequences of different buyers exercising their rights.The full text includes four parts:introduction,analysis of the current situation of the right protection of buyers in the bankruptcy of real estate enterprises,legal analysis,research conclusions and suggestions.Based on the analysis of the problems existing in the legal provisions and practical application of the right protection of buyers,this thesis demonstrates the necessity of the right protection of buyers by combining the theories of fair settlement,protection of the weak and the right to expect property rights,and then analyzes and defines the applicable conditions stipulated in Article 29,analyzes the disputed types of buyers in practice,and puts forward the determination criteria of buyers and the applicable conditions of the right of priority compensation.At the same time,this thesis analyzes the problems existing in legal provisions,publicity system and bankruptcy administrator’s right to choose contracts,and puts forward suggestions for filling and amending them,hoping that the court decisions of similar cases in practice will tend to a unified standard,and also hope to give some reference value to the theoretical circle.This thesis uses literature analysis and empirical analysis to discuss the legal basis and how to exercise the rights of buyers in the bankruptcy of real estate enterprises and the legal consequences of different buyers exercising their rights.The full text includes four parts: introduction,analysis of the current situation of the right protection of buyers in the bankruptcy of real estate enterprises,legal analysis,research conclusions and suggestions.The introduction mainly introduces the research background and present situation,and explains the research methods of this thesis.The main content of the second part is to sort out the legislative status quo of the protection of the rights of buyers in the bankruptcy of housing enterprises and analyze the problems existing in the practice status quo.The third part mainly discusses the connotation and characteristics of the priority of buyers and introduces the theoretical basis for the protection of buyers’ rights.The main content of the fourth part is to analyze the controversial types of buyers in practice and explore the ways to realize the rights of different buyers.The main content of the fifth part is the institutional suggestions on the current situation of the protection of the rights of buyers in the bankruptcy of real estate enterprises.