房企破产程序中待履行购房合同不同处理方式法律后果研究

Study on the Legal Consequences of Different Handling Methods of Pending Purchase Contract in Bankruptcy Procedure of Real Estate Enterprises

摘要: 待履行购房合同的处理一直是房地产企业破产程序中的重点问题。应明确待履行购房合同为待履行购房合同应是在房地产企业破产申请受理前订立购房合同，受理破产申请后，购房者尚未完全支付购房款且房地产企业未向购房者移转房屋所有权的合同。在消费型购房者、购房人办理了预告登记以及继续履行会增值保值破产财产三种情形下保证待履行购房合同得以继续履行，并分析其请求权的顺位。在合同解除后，明确购房人债权的性质并确定消费型购房者优先受偿的责任财产范围。

Abstract: The handling of the pending purchase contract has always been a key issue in the bankruptcy procedure of real estate enterprises. The pending purchase contract should be a purchase contract concluded before the bankruptcy application of the real estate enterprise is accepted. After the bankruptcy application is accepted, the buyer has not fully paid the purchase price and the real estate enterprise has not transferred the ownership of the house to the buyer. Under the three circumstances of the consumer buyer, the buyer who registered the notice and continued to perform the bankruptcy property which will increase the value and maintain the value, the pending purchase contract can continue to be performed, and the order of its claim is analyzed. After the termination of the contract, the nature of the creditor’s right of the buyer is clarified and the scope of the liability property of the consumer buyer is determined.