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房地产纠纷关联开发商、工程施工人、融资债权人、购房人、银行等利益主体,由此导致购房消费者优先权、建设工程款优先权、抵押权等诸多权利相互交织。在保障消费者居住权的前提下应限缩界定消费者,以维护不同权利人利益的平衡。房地产纠纷中,以房抵债往往是争议的核心,根据目的的不同可将其分为担保型以房抵债与清偿型以房抵债。对前者要根据当事人真实意思否认其买卖合同的效力,对后者在认可其诺成性的同时,要注意防范虚假诉讼,审慎审查基础法律关系。
Real estate disputes related to developers, construction workers, financing creditors, buyers, banks and other stakeholders, which led to the purchase of consumer priority, priority of construction projects, mortgage rights and many other intertwined. In the protection of consumer residency under the premise should be limited to define the consumer, in order to safeguard the balance of interests of different people. Real estate disputes, to the Housing Debt is often the core of the controversy, according to the different purposes can be divided into security type to the housing and debt repayments to the Housing debt. The former should deny the validity of the contract of sale according to the true meaning of the parties. While acknowledging the promise of the latter, the latter should pay attention to preventing false litigation and carefully examine the basic legal relations.