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The Research Of Construction Project Price Priority Claim Of China

Posted on:2014-11-09Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiFull Text:PDF
GTID:2296330425979234Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
At present, China has three Legal provisions about construction project pricepriority claim. Contract Law286in1999established the system of constructionproject price priority claim. June11,2002, the Supreme People’s Court issued a Replyabout issues of construction project price priority claim. December8,2004, theSupreme People’s Court made an answer for the Fujian Provincial Higher People’sCourt of request instructions to the question that whether the decoration engineeringmodels enjoy a priority claim under Article286of the Contract Law.The Contract Law286set rules about conditions, Methods, procedures ofconstruction project price priority claim. Judicial interpretations clarify theconstruction project priority out scope of subject, right of claim by the creditor’s rightsand the subject matter scope, exercise duration and right effect, etc. But whateverentity or procedure there are still a lot of flaws and vulnerabilities. There are someinconsistencies with the current legal system and even civil law jurisprudence. Thislead to the theoretical controversy and lower practice rate, and did not effectivelyachieve the original intention of the legislation of the system.Under the guidance of the method of comparative jurisprudence and law andeconomics, the thesis focuses on Legal Hypothec system to learn from the Germanmodel, and construct the registration system about the Construction project pricepriority claim, and explore the construction project price priority claim in the processof exercising problems that may occur, in order to improve the system of theconstruction project price priority claim.The thesis follows the above ideas, the main body is divided into four parts, andspecific article is structured as follows:The first part is the outline of our current system of construction project pricepriority claim. The section introduces the legislative background and legislativecurrent situation of our current system of construction project price priority claim. Itpointed out existing problems of the current system and the necessity and urgency tostudy.The second part is the discussion of the legal nature of construction project pricepriority claim, and comparison of different foreign laws. The nature of the construction project price priority claim has been frequently disputed. The partintroduces three mainstream views and analyze their respective reasonable and defects.The thesis holds that the root of the controversy is that thinking perspective and adifferent basis. The three legal nature’s represent three main legislations about thesystem of construction project price priority claim in foreign countries. Besides, thissection introduces various legislations of specific rules and their institutionalbackground.The third part is the general idea of the right system to improving theconstruction project price priority claim. for our country,generally the basisshould be the Contract Law286, draw German model adopted Legal Hypothecsystem, further improve the system for construction of the construction project pricepriority claim, using the theory law and economics comparative law to analyze thereasons for such a system.The fourth part designed the specific system for construction project pricepriority claim in china. The section pointed out that the key priority for repayment ofthe construction project price priority claim is to build its registration system,throughregistering the contractor building project price priority claim and their details to bepublicized,be able to resolve many obstacles for the current construction project pricepriority claim rights system,this part analyze construction project price priority claimin further, including the subject of rights system, claims range, the scope of thesubject matter, exercised in a manner, exercised period, effectiveness,etc..
Keywords/Search Tags:Construction projects, priority right to be repaid, LegalHypothec, Advance notice registration
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