房企破产中消费型购房者的权益保护

Protection of the Rights and Interests of Consumer Buyers in the Bankruptcy of Real Estate Enterprises

房地产企业破产中法律关系错综复杂,涉及到各债权人的利益分配和权衡,其中消费型购房者享有优于工程建设价款优先受偿权及抵押权受偿的权利。在现房交易合同和期房交易合同下,消费型购房者的权益保护呈现出不同的标准和路径,区分两类合同下消费型购房者的权益保护问题可以更好地指导实践工作。

In the bankruptcy of real estate enterprises, the legal relationship is complicated, which involves the distribution and balance of the interests of creditors. Among them, consumer buyers enjoy the priority over the project construction price and the right to be compensated by mortgage. Under the existing house transaction contract and the forward house transaction contract, the rights and interests protection of consumer buyers presents different standards and paths, and distinguishing the rights and interests protection of consumer buyers under the two types of contracts can better guide the practical work.