Discussion On Conflict Of Rights In PRC Construction Projects Legal Relationship

The conflict of rights issue has been discussed theoretically. But this issue is also apractical problem. Specifically under the legal relationship of construction projects inPRC, this issue is mainly reflected as the conflict between bank’s mortgage right,contractor’s priority right to be repaid and buyer’s right to purchase the property. Inorder to solve this problem, the PRC Contract Law and relevant judicial explanationsprovide specific regulations, which solve the problem at certain extent, but academicopinions still dissent on certain regulations thereof. Thus, the issue should be furtherstudied. This paper starts its discussion from the outline of conflict of rights, andfurther discusses the reflection of the conflict of rights under the legal relationshipunder construction projects in PRC and the resolution ways thereof, and finally reachesthe author’s conclusion and suggestions.The paper starts from theoretical discussion and is supported by case analysis,while ends with theoretical suggestions. This paper includes six parts, i.e. introduction,reflection of rights conflict under construction projects, conflict between mortgageright and right to ask for project payment, conflict between priority to purchase theproperty and mortgage right and thought on legislation on conflict of rights underconstruction of project.The first part is introduction, which introduces the context of the paper, therealization of problem and the methods of study.The second part is conflict of rights under construction of project. The author startfrom the general introduction of conflict of rights, and further discussion the reflectionof the conflict of rights under PRC construction project. Conflict of rights under PRCconstruction project mainly manifested as following two aspects: the first is the conflictbetween mortgage right and priority right to purchase property, the second is theconflict between the priority right to be paid for project payment and the priority rightto purchase property.The third part is the conflict of between mortgage right and the right to ask forproject payment. In order to solve this problem, the legislation entitles contractor priority right to bank’s mortgage in particular situation through the article286ofcontract law and relevant juridical explanation. Undoubtedly, it has positivesignificance to protect contractor, but there is still many problems, which directlyaffects the application and understanding of judiciary. Author will prove it byanalyzing cases.The fourth part is about conflict between the priority of purchasing property andmortgage right as well as the right of creditor. This part is same to the third part, whichalso form resolution ways, problems of resolution ways to case analysis to demonstrateauthor’s view.The fifth part is about the thought on legislation on conflict of rights underconstruction of project. Author makes a brief introduction about priority system inother counties and how to arrange the legal level of priority and other rights.The sixth part is the conclusion of the paper.