Priority Of The Contractor’s Right To Property

"Contract Law" Section 286 Priority of the Contractor establishes the legal regime, however, "Contract Law" Section 286 does not set up the right to exercise, to provide for the scope, its lack of action nature, so in subsequent judicial practice, based on 286 pairs of rare contractor to protect the case. Meanwhile, in recent years, the rapid development of real estate in China, relevant laws and judicial interpretations of the lag, resulting in a highly irregular real estate market, outstanding payments in a very serious problem, bringing with it a large number of migrant workers are owed wages, thereby affecting to social stability. Given this situation, the Supreme Court in June 2002 issued the Interpretation Act [2002] 16 judicial interpretation, and the people in the trial court applied the practice of "contract law" 286 deals with the Priority of the Contractor Issues explained. For the correct application of the law, priority for repayment of the contractor to implement into practice, this paper based on the practical problems encountered, combined with the existing laws, judicial interpretations and the relevant point of view, the rights of property from the priority the establishment of elements, first rights conflict with other rights of handling the three aspects of a certain extent.I. Priority of the Contractor’s right to property. This paper argues that priority claim is the contractor of a security interest, a statutory priority. Priority of the Contractor, but in our system because of the lack of support for the registration system, and the practice is mainly used to protect the wages of construction workers, so that the priority should not be transferred with the claims. Priority of the Contractor to give up in advance.Second, the Priority of the Contractor’s constituent elements. This constitutes a priority claim from the contractor the subject, object and scope of the three perspectives to the interpretation, combined with practical problems encountered in that the legitimate subcontractors, subcontractors and the actual construction of people do not have priority, void Contractor contracts are not entitled to priority, the priority of the guarantee should cover project profits.Third, priority conflicts with other rights. Comparing the priority of a right to exist, practice, often occur right of priority with other creditors in conflict situations. This paper describes the priority and the buyer the right to conflict management, priority claim against the contractor and the mortgage, consumers are demanding the right to transfer, the transferee’s ownership of the project such as the order of a conflict right to put forward some ideas for different situations that may arise, the corresponding recommendations and solutions.The innovation of this paper may be the main features:Priority of the Contractor for the system of judicial practice in the actual situation in the run his own opinion. Especially the Priority of the Contractor whether to include profits, and consumers Priority of the Contractor the right to housing transfer request, a number of competing Priority of the Contractor when the repayment order and so on, may have some innovation.