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Research On The Construction Of Priority Claim For Repayment In Contracts For Construction Projects

Posted on:2013-05-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z Q BaiFull Text:PDF
GTID:2246330362966189Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
According to the problem of employer’s overdue obligations to contractors in construction,the article286of Contract law fix project price priority, aiming at providing specialprotection to contractors’ special claim. Later, Supreme People’s Court makes specific rulesto the right in reply. In the line with the article286of Contract law and <Supreme People’sCourt’s reply about project price priority>, the article focuses on project price priority’snature、subject、object、scope、right conflict and solve,and so on, refers to our country’sjudicial practice, and at last concludes project price priority’s main problems. Also, thearticle raises targeted, feasible and completing suggestions through consulting civil lawcountries’ relative legislation. On the basis of balancing various benefits,and in the linewith the principle of protecting contractors furthest, the article defines the nature of projectprice priority as priority, expands subjects to constructors and renovations, expands objectsto unfinished projects and not testing projects, and limits the priority’s range as interest,advance, quality prize and period prize. Furthermore, the author advise to foundregistration and tend to registration opposing doctrine, to solve the conflicts among projectprice priority, mortgage and any other rights.
Keywords/Search Tags:Construction project contract, Project price priority, Comparative analysis, Rightsconflict, Registration
PDF Full Text Request
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