Investigation Of The Priority Of Claim In Construction Projects

Since the period of reform and opening up, the real estate market has made great progress in our country , but there are many problems in the process of development, especially the payment default of construction project . It is capital-intensive and closely connected with other industries .what is more, there are many extra workers from village entered the field. Their payment is the most part in the whole construction payment . If we can not solve the problem of payment default of construction correctly , there will be a series of social conflicts . The article 286 in the contract law of P.R.C.and the judicial Interpretation of the Supreme People's Court have mentioned the problem. But they all didn't supply the solution of the problem.The author researched this matter and provided the relevant and reliable suggestion for the policy of priority of compensation in construction payment.There are three chapters in the article.In the first chapter , the author introduced the definition and characteristics of priority of claim in construction projects . According to the comparative analysis of priority of claim in construction projects in the continental law system and some viewpoints of priority of claim in construction projects in our country now, I think the nature of priority of claim in construction projects is the legal hypothec.In the second chapter,the article is about the legal effective of priority of claim in construction projects. The right after the accomplishment of the construct project is different from obligation claim. There are relatively analysises of the two different rights including the type,subject,content,indicated object,time limit and performance manners .The contractor has some rights conflicts with mortgagee and buyers of the construction project when the priority of claim in construction projects is put into practice.In the third chapter, the ariticle is about the analysis and suggestion for the priority of claim in construction projects.In this part ,there is an analysis of the current situation and legislation system about the payment construction , the author found the defaut of the article 286 in the contract law of P.R.C.and the issues of the Supreme People's Court in the theory and practice. The author provided relevant suggestion that our country should strengthen the systematicness of the legislation, establish the resignation system and develop the earmarking system.