On The Priority Of Claim Construction Project Contractor

For the purpose of resolving the issue of falling behind with the project price,it is prescribed in article 286 of the Contract Law of the People's Republic of China that contractor have priority compensation of the construction project. This institution is of great significance to the interests of contractor.The article includes introduction, text and conclusion. The introduction discourses the purpose and the significance of the article. The auther hopes to perfect this institution both in theory and in practice through writing this article.The text includes five sections. Chapter 1 is the foundation and the value of institution. The author analyzes the different views of scholars, considering the foundation of the institution is policy, principle of fair, and traits of construction contract. The value of institution is that it is favorable for reducing risks in business deal, balancing interests between contractor and party issuing contract, and protecting builder's interests.Chaper 2 discourses the nature of the contractor's priority compensation. The auther investigates the effects on the nature of the contractor's priority compensation by changing mode of real right, legislation system, effect and original intention of legislator. The conclusion is that the contractor's priority compensation is a kind of priority.Chapter 3 is the subject, subject matter, establish, exercise and restrictions of the contractor's priority compensation. The author answers some controversial questions which in construction contract.Chapter 4 focuses on the effects of the contractor's priority compensation. The contractor's priority compensation should take precedence of lien, but give place to the right of consumers of commercial residential building if the commercial residential building has been registered by consumers.Chapter 5 is the evaluation of the current law, and the suggestions. The suggestion is that prescribing the nature of the contractor's priority compensation is a kind of priority, making clear the establishment and the exercise of the contractor's priority compensation, and setting up a registration system of this priority.The conclusion sums up the author's views.