Research On The Legal Problem Of The Conflict Between The Priority Of The Construction Project And The Right Of The Buyer's Request For The Commodity House

In the judicial practice,we can find the phenomenon of the conflict between the preemptive right of construction payment and the right of buyers of commercial housing.The “contract Law” stipulates that the construction project has priority to be reimbursed.But the specific nature of the project is not clearly defined.The author thinks that the priority of the compensation for the construction project belongs to the real estate priority in the security property rights.Commercial housing buyer's right of claim is a kind of claim right.This kind of claim right is the creditor's claim right which the commercial house buyer enjoys according to the legal and effective commercial house sale contract,is one kind of creditor's rights.When there is a conflict between the preemptive right of construction payment and the right of commercial house buyer,the conflict should be dealt with according to the principle of property right taking precedence over creditor's rights,the current legal provisions,the time of the establishment of the right,and so on.By extending the time limit for the exercise of the priority right to be reimbursedfor construction funds,it is clearly stipulated that "consumer" refers only to natural persons,which does not include other civil subjects such as legal persons,and that the houses purchased should be limited to residential buildings,commercial shops and other operating houses are no longer within the scope,natural persons should purchase housing for residential,investment and other purposes to no longer within the scope.For the judicial practice to provide more and more accurate legal basis,in order to better solve the construction project priority payment right and commercial housing buyer's rights conflict.