Font Size: a A A

Research On Priority Right Of Compensation For Construction Projects

Posted on:2017-04-06Degree:MasterType:Thesis
Country:ChinaCandidate:X X WeiFull Text:PDF
GTID:2296330482489345Subject:Civil and commercial law
Abstract/Summary:PDF Full Text Request
For the purpose of dealing with the situation of default on construction cost by contract awarding party, system of priority right of compensation was established in Article 286, Contract Law. However, this system is excessively broad to be applicable and is thus called Sleeping Clause by some scholars. In order to increase operability of this system, the Supreme People’s Court of the People’s Republic of China published(2002) No. 16 Judicial Interpretation. Effect and term of exercising are established by this official reply, which mitigates the difficulty in applying Article 286, Contract Law to a certain degree. However, this stipulation is also simple and can’t solve various disputes concerning priority right of compensation for construction projects in judicial practices. Proceeding from the abovementioned legal rules and judicial interpretation, this paper intends to conduct an overall analysis on priority right of compensation for construction projects.The content comprises of four sections:The first section describes nature of priority right of compensation for construction projects. In this section, different theories of domestic scholars and definition of nature of priority right of compensation for construction projects as described in laws and regulations of other countries are introduced, based on which opinion of the author is put forward, namely that priority of compensation for construction projects should be a priority right.In the second section, essential conditions for establishment of priority right of compensation for construction projects are discussed. From three aspects including subject, object and time for establishment of priority right for construction projects are analyzed. In addition, some situations, such as contractor as the subject under special circumstances and those subject matters to which priority right of compensation shouldn’t apply, are expounded.In the third section, exercising of priority right of compensation for construction projects is discussed, which mainly includes way, term and effect of exercising. Based on reference to various stipulations on the above issues by courts in various regions in China, opinion and suggestion of the author are put forward.In the fourth section, how judicial authority should deal with the situation involving conflict between priority right of compensation for construction projects and effect of other rights is researched. Firstly, existence of official replay issued by the Supreme People’s Court of the People’s Republic of China is analyzed, and then typical issues in conflict between priority right of compensation for construction projects and effect of other rights are analyzed. Finally, the author believes that an attempt should be made to establish a registration system for priority right of compensation for construction projects in China.In the conclusion section, the author intends to make a summary of those opinions included in the four sections of this paper’s content and put forward some issues required to be noted during modification to the system of priority right of compensation for construction projects.Method of comparative analysis is mainly used in this paper, in which relevant provisions described in laws and regulations of other countries and domestic theories are compared. Analysis method is used to conduct a serious research on subject, object as well as way and term of exercising, based on which views of the author are formed.
Keywords/Search Tags:Priority Right of Compensation for Construction Projects, Contractor, Construction Projects, Registration
PDF Full Text Request
Related items