论房地产开发企业破产中购房者利益的正当保护——以浙江宁波为主要研究对象

On the Legitimate Protection of Interests of Buyers in Bankruptcy of Real Estate Development Enterprises:Taking Ningbo City,Zhejiang Province Asa Main Research Object

在房地产开发企业破产中,涉及的法律关系较为复杂,而且,法律关系主体在利益的实现上也常常存在冲突。建设工程承包人和建设工程抵押权人对建设工程折价、拍卖所得的价款均享有优先受偿的权利,而购房者是法律所特殊保护的对象。实践中,购房者可能已经交付全部或者大部分购房款,也可能只是交付少部分购房款;房地产开发企业可能已经交付房屋,也可能尚未交付房屋。在不同情形下,如何处理购房者与房地产开发企业之间的关系十分重要。文章以购房者利益的保护为主线,提出了在利益冲突之时的具体解决路径,并结合司法实践经验予以论证。最大化对购房者利益进行保护,以实现实质正义。

In the bankruptcy of real estate development enterprises,there is a rather complicated legal relationship involved,and the subject of legal relations often has conflicts in the realization of interests.Among the main buyers,construction contractors and construction project mortgage holders,etc.,the construction project contractor and construction project mortgagee have the right to be preferentially compensated for the construction project discount and auction proceeds,while the purchasers are protected by law.Therefore,it is crucial to coordinate the conflicts of interests between the multi-parties.In practice,buyers may have paid all or most of the purchases,or they may have only paid a small portion of the purchases;the real estate development enterprises may have delivered the house,or it may not have delivered the house.Confronted with different situations,it is very important to address the relationship between buyers and real estate development companies.Taking the protection of the interests of buyers as the main line,the present paper proposes a specific solution at the emergency of conflicts of interests,trying to fully demonstrate its legitimacy.By so doing,the protection of the interests of the buyers can be maximized in order to achieve substantive justice.