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On A Registration System On Priority Of Payment For Construction Works

Posted on:2010-02-21Degree:MasterType:Thesis
Country:ChinaCandidate:G D LiuFull Text:PDF
GTID:2166360275482005Subject:Law
Abstract/Summary:PDF Full Text Request
A registration priority of repayment for constructional works is refers to a registration for the creditor's right to claim for payment in propose of preservation of the creditor's claims realized smoothly in the future and preservation for the creditor's right to claim for payment. By such registration,the right of claims for payment can be publicized either.And so it can fight against a third party. After a contractor reported and registered on its priority for repayment of the amount and related matters,he obtains priority for the right of payment in the scope of his registered amount for the project,which is likewise the right for property and can be set against the mortgage on the buildings and other claims. Without his agreement,any mortgage,transfer and other likewise punishment to property etc by any other contractor on the building works is invalidated.The property is to endow the right of creditor with effect of a right for property.It is an exclusive right affected to right to immovable to ensure that future requests for only the legal right to expect results and its essence is to limit the obligation to register the relative disposition of the rights of people.The characteristics of construction projects, including the purpose of registration is to secure creditor's right,with a certain degree of periodicity, the effectiveness of the registration from the property, limited the scope of registration. The effectiveness of the registration should be registered against the legislation and model; registration should include the basic effectiveness of confrontation,and to preserve the effectiveness of the publicity effective, the effectiveness of public trust, and the effectiveness of priority. In accordance with the Contract Law,the Property Law and our existing judicial interpretations based on the notice of registration,by analysis on several registration of our country,the writer consider that the priority for repayment to construction projects should be incorporated into the notice of a registration system into for this registration system. It is necessary to establish the system on repayment priority for construction project theoretically and objectively.The writer also proposed the construction of priority for repayment of the purchase price should be the right form of registration system.And a comprehensive registration system should be adopted.And a registration system of priority for repayment of construction project should be adopted in the form of registration for right.Proposals in detail have been put forward to in the hope of the construction on the registration system and finding best solutions to smooth conflicts between relevant and separate parties in the construction of project.
Keywords/Search Tags:System for Report and Registration, Payment for construction Project, Priority of Claim, Registration
PDF Full Text Request
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