Expounding The Constructor’s Privilege

The dissertation explores relevant issues of the constructor’s privilege, introducing the legal provisions and the judicial disputes of it in China at start.For the nature of constructor’s privilege, exploring the constructor’s privilege is a priority instead of the lien and statutory mortgage. For the effects of constructor’s privilege, exploring the construction project repayment does not have priority when the employer goes bankrupt.For the establishment of constructor’s privilege, exploring the subcontractors, the actual builders and the contractors in the invalid contracts are the subjects of the privilege. The construction project which is not suitable to liquidation or auction in Article 286 of the Contract Law is the project that smaller than subproject. The extent of guaranteed rights does not include profits, which indicates the actual expenditure only.For the enforcement of constructor’s privilege, expounding the period shall meet the Article 286 of the Contract Law and the ’official reply’ provisions of the time. The period can not be started just when the time in ’official reply’ comes. It should be cleared that the constructor’s privilege shoud be confirmed after the first time’ coming so that the constructor’s privilege could be exercised after the second time’coming. Expounding the necessity of the publication of the privilege. The publication of the privilege should include construction schedule payments, actual expenditure and its relationship with other rights and interests. It can be used with pre-registration in the Property Law in actual operation.