The Conflicts Of Cicvil Rights On The Project Under Construction

Project under construction is a long-term process, which demands for funds, a variety of financing channels . The construction works are mostly hidden behind the complex relationship between ownership and the relationship between debt and creditor's rights, civil rights in this paper attempts to analyze the perspective of the rights of all nature, characteristics and clarify rights contradictions and the Performance of a solution finally adopted in the analysis of the works of mortgages, housing developments, such as the system is inadequate to solve the conflict and avoid conflicts of ideas and proposals.Chapterâ… analyses the civil rights of the basic theoretical issues.Starting from the property and claims, reveals the de inadequacy of drawing a clear line between real rights and creditor's rights. From the priority of the civil summarize the following rules: right in tem has priority over jus in personnam, first acquired, first satisfied, right public summons has priority over right our of public, privileged rights of expenses nature have priority over those of financing nature. Chapter II, section I of the project under construction clarify the definition and independence of the project under construction, which gives the conclusion that the project under construction can be transfer as a whole. Section II of the project under construction based on civil rights, including the right to Mortgages, expectant right and the project contractor Priority rights and so on. According to the principle of the premises, I think that the principal characteristics of the mortgage of the project under construction is land together with its housing as a mortgage. Or if the land were to separately mortgages without housing in the area, or the housing separately mortgages without land, the housing and the Housing land will be mortgaged together forcefully. Housing for the future delivery, for a small property owners is a expectant right for future property, such expectant rights gain exclusive effectiveness because of notice registration.The right to receive priority repayment in construction project is the right of legal mortgage. Although the legal mortgage is a property, in order to protect the safety of transactions, make a clear legal relationship, we should make registered as necessary. The contractor's construction payment is would not suspend the maximum amount which has been registered, if the amount less than the registered, it should be to the actual settlement first.Chapter III first give the idea on the civil rights conflict, as well as the general theory of conflict in the form of various rights, including the conflicts between the right to project under construction mortgage and the right to mortgage the land for building , the conflicts between the right to project under construction mortgage and the right to receive priority repayment in construction project, the conflicts between the right to project under construction mortgage and the expectant right of the purchaser, the conflicts between the right to project under construction mortgage and the expectant right of the purchase. Chapter III also includes the resolvation of the conflicts stated above.Chapter IV is the conception on improving the mortgage on project under constuction and the pre-sale system. After the analysis of the mortgage on project under constuction and the pre-sale system, I have proposed the idea of making real estate registration law, making the property law perfect and establish a registration system on pre-sale for building.