Disposition of house purchase contracts is undoubtedly one of the focal points in the bankruptcy of real estate enterprises.From both the perspectives of systemic risk and legalization,administrators should continue performing contracts of existing property,recognize the priority of house payments and subordinate the default penalties;considering the value enhancement generated by further construction and the protection of consumers'residential rights,administrators should also continue performing off-plan contracts.Unlike the ordinary disposal of executory contracts,the disposition of house purchasing contracts should shift to a multi-layered self-determination by the buyers.Due to obstacles in implementing debtor's additional guarantees and administrative expenses,preferential buyers are entitled to individually decide whether to accept cash settlement or wait for the delivery of the house.All buyers,based on the distribution of restructuring risks and concessions of rights,are entitled to vote on reorganization plans and construction plans.The outcomes of performing executory contracts shall be distributed among buyers according to the time and money they have incurred.In cases where other financing methods are infeasible,buyers can themselves fund the construction,which will constitute administrative expenses.The way of mathematical thinking should also be fully utilized to maintain the homogeneity among buyers and the corresponding remedies.
关键词
购房消费者优先权/管理人挑拣履行权/破产财产/房企破产/共益债务
Key words
priority rights of house purchasers/administrator's selective rights in performing executory contracts/bankruptcy estate/the bankruptcy of real estate enterprises/common benefits debt
维普
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