Research On The Rights Conflict And Resolution In The Realization Of The Priority Of Claim On Construction

"Contract Law" Article 286 provides for the construction contractor on the price has priority rights, strengthen the special protection of the interests of contractors, engineering models for solving the outstanding problems, solve the problem of wage arrears of migrant workers is undoubtedly taken legislative gaps that first step. However, because of the provision is too broad, for the nature of the right to set up the exercise time, the exercise of the rights of the scope of issues were not involved, making the provision due to lack of appropriate complementary provisions difficult to operate, that right also has been shelved and difficult to play its rightful role in society. This article focuses on analysis of construction project a priority claim to the implementation process and the obstacles faced by the performance of construction projects proposed the establishment of a priority claim to the need for the registration system, and on this basis, a clear pre-sale of commercial housing project in the competing rights and related rights in turn when the repayment order.In addition to this conclusion, the thesis divided into four parts covering:The first part is the construction of China's priority claim on the legislative background and the legislative status quo. This part of my analysis of the "Contract Law" Article 286 of the introduction of the legislative background and status of implementation of that right, even if the Supreme Court judicial interpretation has failed to fundamentally solve the problem, for projects not only does not solve the problem of arrears actually become more serious, construction, project a priority claim to the imperfections due to our current legislation is difficult to truly implemented.The second part analyzes the construction of the legal nature of the right of first refusal. I believe that the right should be defined as a priority legislation more in line with our philosophy, and more conducive to China's current legal system and to harmonize.The third part of that is the focus of this part, the author uses a relative manner the analysis of 22 construction projects with a priority claim to the corresponding rights conflicts, and to clarify the case to guide the current legislative environment in our country, these rights conflict due to lack of sound legal provisions in a swing state, makes the construction of a priority claim to stand in the face of the mortgage banks, commercial housing boiler for a request for advocating the right of the buyer in a very awkward situation. In turn leads to the establishment of a priority claim construction of the need for the registration system.The fourth part of the author the right to put forward for resolving the conflict in a variety of solutions, construction project to establish a priority claim to the registration system, the establishment of the system put forward specific design, and on this basis, a clear priority for payment of the construction project competing with the other rights of the right turn when the repayment order.