To Discuss The Construction Of Priority For Repayment Of The Price Problem

That construction project cost gives priority to being repaid right system is that construction project field aiming at that our country "Contract Law" the 286th stipulates protects a project contract one important legal system of item of person cost. The problem project is cost is given priority to being dealt with by full right is more, is in arrears at present phenomenon is as before grave, the research reinforcing this one problem has very important practical or immediate significance therefore. There are at present mainly 3 kinds of viewpoint to the legal character of the preference receiving rights of the payment on the price of construction projects. They are the theory of lien, the theory of legal mortgage and the theory of legal priority. The author analyzes the defects in the theory of lien and the theory of legal mortgage. Then he points out that the theory of legal priority is reasonable, and holds that the preference receiving right of the payment on the price of construction projects is a kind of legal priority. Construction of price priority for repayment of the issues involved in a lot of, this article attempts to price projects priority for repayment of the characteristics and laws of nature, the establishment of a priority claim, the scope of the rights and other rights and conflict resolution to explore the four face. . Part I: construction projects outlined in priority for repayment of the price. Part II: construction of priority for repayment of the price of the set. Part III: construction of the price range. Part IV: The construction of priority for repayment of the price associated with the civil rights and resolve conflict.