On The Benefit Conflict And Legal Protection Of The Urban Real Estate Transaction

The urban real estate transaction is of very importance in people's economic lives, and the related links of development, construction and sale would bring about benefit conflicts of the civil subjects for example, it talks about the origin, resolution and some questions of the priority system in the civil law. There are four chapters in this paper.The first chapter is mainly about the specific manifestation and origin of the three representative civil subjects' benefit conflict. Firstly, the merchant usually sets mortgage loan, and the contractor has lien if the merchant don't pay him after the development finished,then benefit conflicts between the merchant and the merchant emerges. Secondly, the merchant would sell the construction publicly while it is being constructed or after finished. When consumers have paid the greater part or the total fund, the auction of the contractor will bring benefit conflict to consumers and the contractor. Thirdly, if the merchant makes a contract with the person whose house will be pulled down that he will sell certain house of the construction to the person, but then he sells it to others, the benefit conflict emerges between them. The second chapter is about the application of the priority. Firstly, the contractor has priority to receive the construction cost except for the construction that can not be auctioned. Unfinished construction should be the object of this right. The construction cost should be actually cost of the contractor. And this right has a deadline. Secondly, this priority will lose effect when some people purchase the commercial housing with the good intentions. Thirdly, the person whose house is pulled down has the right to choose the priority, and it should consider whether the third party is good faith purchaser.The third chapter talks about the order of the priorities. The priority of the person whose house is pulled down should be before anybody else, then is the priority of the consumer who has paid the greater part or the total fund, the priority of the contractor, the priority of the bank.The forth chapter talks about some questions of the priority system and the suggestions. The priority system of our country don't require registration, so the bank could not know the contractor's priority before offering loan to the merchant. It will lead to the priority conflicts between the bank's mortgage and the contractor's priority. It is not good for the development of banks and the society. The suggestion is that registration system of construction cost and special purpose using of special fund should be set up to avoid the default intentionally, and the priorities order should be defined also to improve the priority system.