The Research On The Effect Of The Abandonment Of The Priority Of Construction Project

Since the "Contract Law" Article 286 for the first time to establish the construction project price priority system,The priority system has become a hot topic in theoretical and practical circles.There is a relatively uniform opinion on the nature of the priority of the project,the duration of the exercise,the applicable subject and so on.But there is little concern about the effectiveness of the contractor's abandonment of the priority of the project.Based on a specific case,this paper puts forward the controversial focus of the effectiveness of the problem,the theoretical and practical circles held by the various views and reasons for a theoretical analysis,On the basis of explaining the legal consequences of the contractor's abandonment of the priority of the construction project,the author puts forward his own view in the light of the normative nature of Article 286 of the Contract Law and the influence of the contractor on the interests of the construction workers.In addition to the introduction and conclusion,the text of this article is divided into four parts:The first part,the summary of the facts of the case and the focus of the dispute.This part mainly describes the facts of the case,summed up the controversy of the case focus: the construction project priority to give up the legal effect.In the second part,the author analyzes the three views and the reasons of the legal effect of giving priority to the construction project.In view of the contractor to give up the legal effect of the priority of the project,scholars from different angles of interpretation,which represented three main points of view:the first view that the contractor to give up the priority of the project belongs to an effective legal action,the view from the civil rights can be free to punish,give up the behavior in line with the principle of autonomy and other principles of argument;The second view that the contractor to give up the priority of the project belongs to the invalid legal acts,because the act is contrary to the legislative purpose of priority,violation of the mandatory provisions of the law;The third point of view that the contractor to give up the effectiveness of the project priority can not be generalized,to adhere to the content to see the effectiveness of ideas,different treatment of different situations.The third part analyzes the legal consequences of giving priority to the construction project.This section analyzes the legal consequences of giving up priority from the perspective of priority change.I believe that the contractor to give the employer to give up the priority of the project priority belongs to the absolute priority of the abandonment of the contractor's mortgagee to give up the priority of the project commitment to the priority of the relative priority to give up.The fourth part of the construction project to give priority to the effectiveness of the right to determine and the case of the assessment.Through the combination of the "contract law" Article 286 of the normative nature and give up the right to the interests of the construction workers to put forward their own views,that:The contractor to give up the priority of the project to the principle of effective,with revocable as an exception;and then the judgments of the case assessment,that the court's decision is not entirely correct,should be corrected.