Analysis Of The Priority For Payment In The Construction

In recent months,caused by the U.S. sub-prime problem has evolved into a financial crisis spread to the global.In this crisis, many developers began to funding chain tension, and even some developers began to break the chain of funds, the developer does not meet the project under the contract price, or even the malicious payment of the phenomenon will become increasingly serious.In particular, to advance funds in many construction contractor, the outstanding payments in a direct threat to the survival of some of the realities of workers, and even cash-flow problems due to lead contractor bankruptcy,a serious impediment to the development of the construction industry and undermine social stability, is not conducive to social economic development. This phenomenon has led to a very serious social consequences, to reduce corporate credibility, social and faith-based have been shaken, and should not be a direct result of a large number of the difficulties created for construction workers, a greater number of migrant workers is to become the ultimate victims. In this regard, October 1,1999 implementation of the "Contract Law" Article 256 stipulates that in order to specifically attempt to resolve the problem, but because of its lack of practical feasibility and did not play its due role. "Supreme People's Court on the construction of a priority claim to the issue price of the approved" (hereinafter referred to as "approved" to "Contract Law" Article 286 has made the application of the specific judicial interpretation, which is the judicial practice of great guiding significance but it has raised the theoretical circles as well as the areas of judicial practice, a series of controversial issues. Therefore, the strengthening of engineering models the problem of arrears of great practical significance.This introduction and four chapters by a total of five parts.Introduction:The main is the case introduced by the author of the case by the law firm internship host, the author according to the case leads to the right of first refusal on the construction project discussion.Chapterâ… :"Contract Law" Article 286 of the theoretical analysis." I mainly from the "Contract Law" Article 286 of the legislative background and the purpose of proceeding with reference to compare the various countries on construction of the provisions of the right of first refusal to try to clear construction of the legal nature of the right of first refusal.Chapter II:Construction Elements of the right of first refusal.I respectively from the four parts to describe construction of a priority claim to the composition. Including the need to have legal force construction contract, construction works had been "completed" and the "schedule" acceptance certificate, the amount of construction projects that they have a visa section clearing, there is no controversy, despite warnings by the construction contractor has contracted to pay the debt, and the exercise of the right of priority for a period not exceeding 6 months in four parts.Chapterâ…¢:Construction Project priority claim in the exercise of the problems encountered. Introduction cases of writer the problems in the proceeding focuses on the construction project a priority claim to the right mortgage with the land, rights and interests of home buyers when dealing with conflict, and demonstrates the construction of a priority claim to the implementation process of the house property right.Chapterâ…£:Improving the construction project a priority claim system and realized the contractor claims to protect. The author in this section is mainly directed against the third part of the article the problems, put forward some countermeasures, such as legislation clearly a priority claim to the construction of the legal nature, the building construction project a priority claim to the notice of registration.