Theory Construction Engineering Preferred Payments From The Right

Since the "contract law" article286establish construction engineering the priority of compensation, because the right since don’t need register, fair show, in the process of concrete practice have some drawbacks. In order to follow the principle of autonomy of civil society, civil law construction engineering service the priority of compensation and the problems resulting from lack of registration, maintenance transaction order and the safety of transactions, it is necessary to learn from Germany, France, Japan, Switzerland and other countries and Taiwan in the civil law construction project on the priority of compensation the legislation, the introduction of the advance notice registration system, the contractor is the value of the project amount, the priority of compensation exercise time and other related matters relating to the advance notice registration, the registration of the amount of the bond and enjoy with in priority, can confront its registration of the formation of the mortgage right after all.The article USES empirical analysis and value analysis method, analyzes the current legislation in the construction project of establish priorities are right in the actual operation of the defects and change the value of considerations, and using the method of comparison and analysis of Germany, France, Japan, Switzerland and other countries and Taiwan area of our country legislation practice, it puts forward the value of the project construction shall be satisfied the legislative proposals. This paper is divided into four most:The first part of this paper briefly introduces the construction project of the right of priority out the concept, characteristics, nature, right constitutive requirements and in practical operation problems. The second part introduces the construction project priorities are right in the actual operation of the defects existing in. The third part of the law and the efficiency value from the order value, equality, value, the intrinsic value of the private law demonstrated in the current construction engineering compensate first amendment right system of necessity. The fourth part puts forward the value of the project construction shall be satisfied the legislative proposals.In short, this paper the current legislation in the construction project of established priorities are right system in the actual operation of the analysis of existing problems, and draw lessons from foreign and Taiwan area of our country related legislation experience, proposed legislation Suggestions to solve the problems existing in the current law, and at the same time, to solve the construction project shall be satisfied the price has certain theoretical and practical significance.