The Waiver Of Mechanic's Lien

According to the 286 th regulation of contract law,the general contractor have a mechanic's lien,mechanic's Lien has priority to the mortgage right..In the field of construction engineering,Banks based on their own interests,in the developer for loan,the owner will require the contractor waive the mechanic's Lien,the price,theory and judicial make a disputes about the effectiveness of waiver.in theory,some people insist it`s valid,some people insist it`s invalid.The people who insist it`s valid said,mechanic's lien mean to protect the interests of the contractor,if you waive the wright,then you advocate the wright again,,it`s in violation of the principle of good faith.Invalid said that the mechanic's lien is legal rights which can protect the interests of the laborers,also have the important role of maintaining construction market order.Waive the right was invalid.most of Judicial insist the waiver is valid,minority of Judicial insist the waiver is invalid.Through carding of relevant theories and judicial practice in our country,draw lessons from the provisions in the law on the other country,put forward the methods to solve the problems of waive the mechanic's lien.waive the mechanic's lien means change the sequence rather than eliminate the right completely.generally speaking,waive the mechanic's lien is valid from the priority of compensation in principle and from the legislative basis,allowing to give up the right to make the developer financing needs are met.waive the mechanic's lien are invalid exceptional:summary and in advance waive the mechanic's lien is invalid,damage the interests of the laborer is invalid,establish the registration system.