The Liquidation Order for Bankruptcy Claims of Chinese Real Estate Development Enterprises
The Liquidation Order for Bankruptcy Claims of Chinese Real Estate Development Enterprises
武翠丹(西南政法大学商法研究所副主任, 重庆破产法学研究会理事)
26호, 341~377쪽
초록
The real estate industry is regarded as an important component of the national economy. Affected by various factors, real estate development enterprises generally face financial pressure, especially small and medium-sized real estate enterprises, which are prone to confront with difficulties and bankruptcy crisis due to insufficient own funds. The bankruptcy of real estate development enterprises has its own characteristic and complexity, involving multiple types of creditor entities such as home buyers, construction builders, mortgagees, demolishes, employees, tax payers, commercial contract creditors, etc. The legal relationship is intricate and complex. Once handled improperly, it may cause significant social risks and affect social stability, and should be given high attention. The disclosure of bankruptcy property information is the internal driving force for the advancement of bankruptcy proceedings, and the fair allocation of bankruptcy claims is the external driving force for the success or failure of bankruptcy proceedings. The focus of conflicts among various entities lies in the distribution order of bankruptcy property. The nature of creditor's rights should be analyzed and the liquidation order of various creditor's rights should be determined in accordance with the law.
Abstract
The real estate industry is regarded as an important component of the national economy. Affected by various factors, real estate development enterprises generally face financial pressure, especially small and medium-sized real estate enterprises, which are prone to confront with difficulties and bankruptcy crisis due to insufficient own funds. The bankruptcy of real estate development enterprises has its own characteristic and complexity, involving multiple types of creditor entities such as home buyers, construction builders, mortgagees, demolishes, employees, tax payers, commercial contract creditors, etc. The legal relationship is intricate and complex. Once handled improperly, it may cause significant social risks and affect social stability, and should be given high attention. The disclosure of bankruptcy property information is the internal driving force for the advancement of bankruptcy proceedings, and the fair allocation of bankruptcy claims is the external driving force for the success or failure of bankruptcy proceedings. The focus of conflicts among various entities lies in the distribution order of bankruptcy property. The nature of creditor's rights should be analyzed and the liquidation order of various creditor's rights should be determined in accordance with the law.
- 발행기관:
- 한국채무자회생법학회
- 분류:
- 법학