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Construction Projects Priority Of Compensation Study

Posted on:2012-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:D D SunFull Text:PDF
GTID:2216330344450189Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Article 286 of The Contract Law stipulates that contractor can enjoy prior claim of the project payment. However, due to the ambiguity of the legislation, there are confusions not only in understanding in academia, but also in judicial practice. This thesis will discuss how to protect legal benefits of the contractors and related civil subjects in the aspect of theory and practice.This thesis introduces some basic theoretical issues about project contractor's preferential right, including its background and legal analysis. The author holds that the nature of the preferential right is one kind of priority rights. On the basis of analyzing its implement conditions, judicial procedure, exceptions and discussing its transfer and perish, this thesis take the focus on the conflict and digestion between the contractor's rights and related rights. The author proposes the "Prior tempore, potior jure" as the principle, combining with specific situations to eliminate conflicts before the establishment of the registration system. Details are as follows:When the contractor's right conflict with the mortgage, considering the registration for mortgage, the mortgage will obtain the priority effectiveness when it has been registered, while the mortgage will always behind the contractor's priority right if it hasn't been registered.When the contractor's priority right conflict with the consumer's right, the consumers will take priority sequence if the contract is valid and registered. Whereas the same. If there are disputes on the time of founding, deposit is an available method.When the rights between the contractors conflict, the sequence depend on the proportion of the subject; proportion of the creditor's rights; or the range of added value.The author propose some suggestions to perfect the system of project contractor's preferential right, including legal provisions of priority rights, detailing on the rights' legal conditions and procedure, establishing registration system, implementation of engineering assured warrant system and insurance system of project performance guarantee.
Keywords/Search Tags:Prior claim of project payment, Priority, Precaution registration, The guaranty system
PDF Full Text Request
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