Research On Application Of Construction Project Priority Laws

Article 286 of the "Contract Law" establishes the right of priority for construction projects and fills a legal gap.After the establishment of this system,it has aroused an increasingly in-depth discussion of a series of issues concerning its nature and its application in academic and practical circles.However,as the priority of the construction project is not a specific expression under the security property system,it only appears as an emergency clause in the contract law,despite the great efforts of the subsequent Supreme People's Court of approval and judicial interpretation.This kind of minor repairs cannot fundamentally solve the series of problems that the system has encountered in practice.This article begins with the trial of priority compensation cases for construction projects at all levels of courts,discusses the issues that are more controversial,and proposes countermeasures to improve the preferential compensation system for construction projects in China.The main part of this paper is divided into six chapters.The first chapter is"Introduction." First of all,it briefly explains the research background and significance of China's priority compensation for construction projects;secondly,it reviews the legislative status and existing problems of China's priority compensation system for construction projects;again,it outlines the priority of the construction project The research status at home and abroad;finally,clarified the research method and innovation of this article.The second chapter is "the basic theory of the system of priority compensation for construction projects".Due to the differences in historical traditions and legislative choices,in the laws of various countries or regions,the names and manifestations of the priority compensation rights of construction projects vary.Article 286 of the "Contract Law" and related judicial interpretations have not yet clarified the nature of the rights.Therefore,this chapter examines and conducts a comparative study of the systems relating to the priority of repayment of construction projects in civil law countries and regions and common law countries.Systematic summary,summed up their own characteristics,this article on the basis of comparative analysis of the rights as a real estate priority.The third chapter is "constitution requirements for the priority of construction project compensation." First of all,it discusses the subject of rights and points out that the contractor of the construction engineering survey and design contract cannot become the subject of the right,and the contractor of the invalid contract can become the subject of the right;secondly,the subject of the priority compensation object of the construction project is carried out in dispute.The dissertation points out that economically affordable houses and steel structure projects are not suitable for "price discounts and auctions" but do not include civil air defense projects and relocation resettlement houses;then,they discuss the scope of compensation for priority compensation for construction projects,and point out the contractor's works.The progress payment,project profit,deferred payment for construction project interest,advance payment,quality warranty,and work stoppage loss should be included in the priority compensation scope,but does not include the performance bond of the contractor;finally,the priority of the construction project should be indicated.Established when the contractor's claims are outstanding.The fourth chapter is "the exercise and abandonment of the priority of the construction project".First of all,it discusses the conditions necessary for the exercise of rights,and points out that the contractor should perform the obligation of urging when exercising the priority right of repayment;secondly,it discusses that the exercise of the priority of the construction project is not limited to litigation,but should include the contractor sending a letter or In other ways,priority is given to the right to restitution.Thirdly,the identification of the starting point of the exercise of the priority of the construction project is discussed.Finally,it is stated that the contractor promises to give up the priority right of repayment in advance,and claims to establish the priority and abandon the filing registration system..The fifth chapter is "Conflict and Treatment of Priority of Right of Construction Project and Other Rights".First of all,it states that the priority of the compensation for priority of several construction projects should be equalized according to the proportion of creditor's rights determined by the contractor;secondly,when the right of priority of the construction project conflicts with the right of purchase of the home buyer,The consumer-based survival rights are greater than the contractor's operating rights,but are limited to the delivery of all or most of the purchase price of the consumer;Finally,it discusses the preferential reimbursement of the contractor when ownership of the construction project is transferred to a third party.No effect.The sixth chapter is about the improvement of the system of priority compensation for construction projects.According to the research conclusions in this paper,legislative and judicial proposals are made on the legal characterization,publicity and registration of the priority right of the construction project and the improvement of specific rules and regulations..Discusses the necessity of public registration,the choice of the legislative model,the right composition of the priority of the construction project in the Civil Code,the right order,and the exercise of rights,etc.,defines the appropriate system,and makes it clear that the realization of the priority of the construction project The specific rules to improve China's priority compensation system for construction projects.The conclusions provide intentional attempts for the demonstration method and problem solving method of this article.We look forward to improving the relevant legal system,saving judicial resources,and giving full play to the proper value of the priority compensation for construction projects under the joint efforts of all sectors of society.