On Construction Projects Priority Claim

At present, though the profession of architecture and real estate become prescriptive gradually, the construction projects cost of construction projects'contractors were often behind in payment seriously, influencing the healthily stable development of the construction enterprise. Construction law and the law of invite bids and submit tender before the contract law was carried out not only give much thought of it, but only bring up juristically measures about the problem in the construction projects cost were often behind in payment. The contract law devises the 286th item aiming at the problem in the construction projects cost were often behind in payment. But this item becomes dormancy clause for all kinds of reasons. The Supreme People's Court makes concrete judicial explanation for it. It is important to push about the dormancy clause. But there are arguments which not be cleared in judicial practice and these arguments afford many problems in theory and practice.This text analyze many problems in theory and practice about The priority of claim in construction projects, exerting case study method and comparative study method according to the law of china and other countries. This thesis includes four parts chiefly.The first section: the legislative background and present condition of the priority of claim in construction projects. The penman exhaust the importance and necessity of establishing the priority of claim in construction projects in our country. Combining the juristically dilemma in practice and the legislative present condition in this sectionThe secondary section: analyzing the right attribution of the priority of claim in construction projects. I analyze and remark the dominant standpoint about the obligation attribution of the priority of claim in construction projects in theoretical boundary of our country. Including the theory of real estate lien, the theory of legal hypothec and the theory of priority. We clear and definite the nature of the obligation attribution of the priority of claim in construction projects belonging to the priority.The third section: analyzing the judicial apply of the priority of claim in construction projects. This section is the most important part of the thesis. This section can be divided seven aspects proceeding exhausted. The first is the coverage of the priority of claim in construction projects. The body of the priority of claim in construction projects is the contractor of construction project contract, including the contract for erection of construction, contract for the survey and design of construction projects. The second is the applicable condition of the priority of claim in construction projects. The third is the claim range of the priority of claim in construction projects. the penman recognize that the cost range of the priority of claim in construction projects should be based on the contract, should be the reasonable and practical happened including lag interest and the cost range of the priority of claim in construction projects formed from imprest.The fourth is the actualized procedure of the priority of claim in construction projects. The actualized procedure includes negotiate fashion and judicial procedure, the party concerned can choose one from them. The fifth is the keep both of the priority of claim in construction projects and other rights, this problem in common include the following questions: firstly, the priority of claim in construction projects is prior to the general hypothec; Secondly, the priority of claim in construction projects should be repayed according to the claim proportion when above two contractor have this rights. Thirdly, when consumer submit the whole or great part amount of money of the merchandise house. the priority of claim in construction projects of the contractor can not resist the buyor.The sixth is the exercise limit of time of the priority of claim in construction projects and the seventh is the established time of the priority of claim in construction projects. the exercise limit of time of the priority of claim in construction projects is six months, calculating from the day of accomplish of construction projects or the day of accomplish of the contract appointment.The fourth section: the legislative present condition and the legislative conception of the priority of claim in construction projects. The penman think that we should build up unified the priority system in real right legislation .combining legislative present condition of the priority of claim in construction projects. and also give the legislative conception of the priority of claim in construction projects including the right attribution of the priority of claim in construction projects; the coverage of the priority of claim in construction projects; the claim range of the priority of claim in construction projects; the actualized procedure of the priority of claim in construction projects; the keep both of the priority of claim in construction projects and other rights; the exercise limit of time of the priority of claim in construction projects and the established time of the priority of claim in construction projects.The penman present the legislative conception of the priority of claim in construction projects, from analyzing the right attribution of the priority of claim in construction projects and the judicial apply of the priority of claim in construction projects in order to drive the legislation and the judiciary.