On The Construction Of Priority For Repayment Of The Purchase Price

In rece(?) years, the construction profession was behind in payment the project funds phenomenon ay by day seriously, the harm was bigger. "Contract Law" 286th is called the control action which "the dormancy provision" has not gotten up should have. The supreme court's related judicial interpretation although has carried on the limits in the certain degree to this right, but because its may be operational is not strong, the question has not still obtained the basic solution. Along with the judicial practice development, still had to it carries on the thorough discussion the necessity. This article may divide into three major parts:The first part (first chapter and second chapter) first receives from the domestic and foreign different method territories related construction projects cost recompenses the power the legislation to obtain, uses the comparison the method, first receives to the construction projects cost recompenses the power to carry on combs. In this foundation, the construction projects cost which present method stipulated to our country first receives recompenses the power the nature to carry on the induction and the discussion, and the essence and the forecast which disputed to this right nature has made the analysis. The goal lies in elaborated any is the construction projects cost first receives recompenses the power as well as the construction projects cost first receives recompenses the power is any nature right these two construction projects cost first receives recompenses the power most basic theory question, lays the foundation for the latter two parts of elaboration.The second part (third chapter, fourth chapter, fifth chapter and sixth chapter) is this article ontology is partial. Competes according to the constitution important document—right gathers—the right to exercise—the right to eliminate—the harm relief logical order, the union legal principle theory of law and the present legislation and the judicial interpretation, revolved the construction projects cost first to receive recompenses the power the tenable time, the right main body, the object, the content, occurs with other rights competes the procedure and the way, the right elimination matter and the legal consequence as well as the harm relief which the fashionable cis-position and processing, exercised and so on many concrete questions has pointed has carried on the analysis, in order to first received to the construction projects cost recompenses the power to have more comprehensive and a thorough understanding, for the legislation, the judicial consummation provided the help.The third part (does seventh chapter) in the first two parts of elaboration foundation, how closely revolve fully to display the legal standard to social economy life control action this proposition, take the present legal rule as the foundation, first receives through the domestic and foreign different method territories related construction projects cost recompenses the power the legislation to compare and to unify our country the actual situation, proposed in first receives to the construction projects cost recompenses the power the legal nature to carry on is clear about the limits in the foundation, for the reduced legislation cost, may additionally build about uses the general mortgage provision. At the same time, in view of the fact that the construction projects first receives recompenses the power legislation relatively brief also is easy to suffer the illegal violation the actual situation, proposed and has discussed the establishment construction projects punishment correlation rule tentative plan. Finally, the author believed that, must take set up and construct the construction projects first to receive recompenses the power the registration system as the foundation, after picks a line of registration the first legislation style, while safeguards the contractor first to receive recompenses which the power can smoothly realize, achieves to the transaction security proper attention to both. Thus causes the construction projects cost first to receive recompenses the power system the design completely, is more powerful to the right correlation litigant's protection. This also is an original intention which this article writes.