On The Protection Of Buyers’ Rights And Interests In The Bankruptcy Of Real Estate Enterprises

In recent years,with the continuous development of China’s economic market,the policies of real estate market and financial market are also being adjusted,more and more real estate enterprises are caught in the situation of broken capital chain,and when they cannot continue to operate,entering bankruptcy proceedings has become their forced choice.Compared with general corporate bankruptcy,real estate enterprises have complicated capital chains,diversified creditors and special nature of bankruptcy property,which bring considerable difficulties to legal practice.The balance of interests in real estate bankruptcy has always been the focus of bankruptcy research and a difficult point in practice.Between the homebuyers who have paid all or most of the house price and other creditors with whom they have formed a conflict of rights,most of the academic and practical circles put the protection of the right of survival that carries the family’s living life in the first place and give more protection to the homebuyers.As the largest number of creditors in this kind of enterprise bankruptcy,how to help home buyers explore a way to balance the interests of real estate bankruptcy under the existing laws and regulations,so that a balance can be achieved in terms of economic relations and moral feelings.Except for the introductory and concluding parts,this paper is divided into three parts.In the first part,the empirical analysis of the controversial interests of homebuyers in the bankruptcy of real estate enterprises.By searching the relevant cases on China Judicial Documents Online,this paper analyzes the common problems concerning the interests of homebuyers in the bankruptcy of real estate enterprises in practice,and prepares for the following analysis of the protection of homebuyers’ rights and interests in the bankruptcy proceedings of real estate enterprises.First,the basic facts of the case and the outcome of the case are briefly analyzed.Secondly,based on the understanding of the facts of the case,we analyze the focus of the case and bring out four issues that are closely related to the rights and interests of home buyers,including the dispute over the ownership of the house purchased by home buyers,the legal status of the buyer against the debt,the protection of home buyers’ rights and interests by advance registration,and the conflict of interests between home buyers and real estate mortgagees.In the second part,the protection of the interests of general home buyers in the bankruptcy of real estate enterprises.In this part,the interests of general homebuyers are divided into the interests of claims and interests in rem.The interests of claims are discussed in terms of the priority of the subordinate satisfaction of claims of homebuyers’ creditors over construction contractors and mortgagees,and the conditions for judging the rights of consumer homebuyers are further refined in accordance with Article 29 of the Regulations on Objection and Reconsideration of Enforcement.The property interest,on the other hand,is that the purchaser has the right to own the purchased house,to register the house,and to claim the ownership of the house by reasonably applying the registration effective doctrine as well as the take-back right system.The third part is the protection of the interests of special home buyers in the bankruptcy of real estate enterprises.This part discusses the advance registration system and the protection of the rights and interests of the purchasers of "housing against debt".Based on the effectiveness of the advance registration,the houses registered in advance do not belong to the property of the bankrupt enterprise,and the purchased houses cannot be disposed of at will.To distinguish the relationship between "housing against debt" and alienation guarantee,and under what circumstances the claims of such non-genuine purchasers are protected...