The Predicament And Dispelling Of Priority Right In Construction Contract

"Contract Law" Article 286 provides for the rule of Priority right in construction contract.But there are still many difficult problems in practice that need to be solved.The research on this issue needs from two aspects: the basis of priority right in construction contract and the problems of priority right in construction contract for reality.Mainly using the specific case and referee data demonstrate the issue.In this way,this article is divided into four chapters: The first chapter is about practical investigation.The second chapter is about analysis of the nature of priority.The third chapter is about analysis of practical problems.The last chapter is improving legal regulations of priority.Through the study of the issue;it helps to solve the problem and dilemma.Logically,the chapter one belongs to raise the question of this issue.It is to study the current situation of priority rights operation and prepare for the following writing.Through the analysis of the data of referee documents,we have obtained several controversial focuses on the priority right in construction contract.The purpose of the analysis of the basis of the cases is to make a general understanding of whether the provisions of the courts in different areas on this issue are conflict.The chapter two belongs to the discussion of civil theory.The first is to introduce the different viewpoints of priority.Then it explains the reasons why thethree reasons to support this view: value basis,mistakes in other theory,system Interpretation of Civil Law.Next the chapter three belongs to solve severe problems of priority in practice.On the one hand,it is to solve the effect of contract validity on the exercise of priority right in construction contract.It is including the cases of invalid contract conditions and transfer contract conditions.On the other hand includes the specific content of the exercise of priority right in construction contract.It is including the subject of the right,the object of right,the scope of rights,the starting point of the period of rights,the procedures for exercising rights.Finally,the chapter four belongs to improve the system of priority right in construction contract.The first section expounds the author's tentative plan on the registration system of priority right in construction contract.The second section discusses the non-litigation path for priority right in construction contract.In summary,since the Article 286 of the "Contract Law" and the "Supreme Law Reply" stipulate and refine the priority of the construction project,the exercise of the priority right has always been controversial.These disputes have both theoretical and practical problem.The author gradually explores and solves the problems at the four parts of problem-solving,theoretical exploration,practical application,and institutional perfection.It is hoped that will be lessons for construction projects and provide reference for ensuring the orderly operation of the construction project market.