Civil Priority Right

Referring to the provisions of priority right in foreign civil law codes, the paper discusses the basic theories, the history, the kind, the sequence, legislation of priority right, based on the situation and the laws of our country. The paper consists of six chapters:The first chapter: the theoretical foundation of priority right. The paper thinks priority right is just priority repay right. The priority right is an independent procedural right, not an entity right. It has the characters of security, priority repay , legal establishment, impartibility, subrogation and so on.The second chapter: the stipulation of priority right and its adoption in some countries. The priority right mechanism had originated from Roam Law. Different countries inherit priority system to different degrees, including two modes: uniform priority right mechanism and divided priority right mechanism. By comparison, the paper thinks the former is better.The third chapter: the kind of priority right. Referring to foreign legislation, the paper form the uniform kind of priority right, which is divided into two types: one is legal priority right, the other is promissory priority right. The former includes preferential privilege and lien, and the latter includes mortgage right and pledge right.The fourth chapter: the sequence of priority right. The validity conflict of priority right occurs in the following cases: between legal priority rights, between promissory priority rights and between legal priority right and promissory priority right. The paper discusses detailedly the cases in order to harmonize priority right and establish harmonious right system.The fifth chapter: the legislation tentative plan of priority right in our country. At present, there exist some deficiencies in our legislation of priority right. It is necessary to establish the system of uniform priority right. Our uniform priority right should consist of preferential privilege, mortgage right, pledge right and lien. The priority right, with register system and all kinds of hypothecs together, should stipulate in right protection chapter in our future civil law code. Before stipulating for civil law code, Guaranty Law of the People's Republic of China should be amended to establish uniform priority right. The lawmaking means of code legislation and especial legislation should be adopted.