Construction Project Priority Claim

To solve the problem, the project arrears frequently arising in the construction sections, The Article 286 of Contract Law endows project fund with preferential right of payment And the right is significant in correcting construction project send bag people and contractor out-of-balance place Location and perfecting the relevant legal system. In Continental Law Legal System, from Roman law to Civil Code of German, Civil Code of France, Civil Code of Swiss and the Civil Code of the Taiwan District, legal hypothec of priority is provided to protect the contractor's project cost. In the countries of English-American Legal System, there is no provision about the rights, but lien system is stipulated similar to legal hypothec. So of our country project cost, contractor of construction work, have priority right to indemnification legal establishment of system, accord with the international practice, meet the practical need of building market in the stage of Socialistic Marketing Economy. However, because of the imperfectness of the legal regulations, there exist many puzzles involving the nature of preferential right of project payment and the payment sequence from when the right conflicts with other rights. To solve these problems practically, I will thoroughly discuss the preferential right of project payment in the aspect of legal regulation's fairness & justness.The article is divided into five parts:The first one introduces the legal analysis on the preference receiving rights of the payment for construction projects and reveals the value orientation and system function. Analyzing the value foundation, it reveals that this system cares and protects people's rights on the basis of legal value idea of essence justice, which makes the system to get rational reason. The priority is based on the idea of protecting social disadvantaged person. Its function lies in abolishing the principle of creditor's equal rights, balancing the interests of each side. At the same time, it is provided by law and makes the rights have system function of pledge. In addition, the part also analyzes the rational gist of the system from the essential characteristic angle of "mutual" conceptThe second part discusses the legal nature of the preference receiving rights...