Research On The Priority Right To Receive Compensation For Construction Project Price

The priority right of payment of the price of a construction project,also known as the priority of the construction of real estate,means that when the contractor fails to pay the project money in accordance with the contract,the contractor may,by agreement with the contractor,discount the project or apply to the people's court for auction,and the contractor shall have the right of priority to be paid for the price obtained from the discount or auction.In view of the problem that the construction unit in the construction field does not pay off the project money actively or can not pay off,the contractor of the construction project works claim right and the wage and remuneration protection of the employed workers are insufficient,the system of priority payment right of the construction project price is established in Article 286 of the Contract Law of our country.In view of the arrears in the payment of works in practice The Supreme People's Court has issued "Approval on the Right of Priority to Compensation for Construction Project Price "(hereinafter referred to as " Approval ")," Interpretation of Certain Questions by the Supreme People's Court on the Law Applicable to Cases Concerning Disputes Concerning Construction Contracts of Construction Projects "(hereinafter referred to as "Interpretation One ")and " Interpretation of Certain Questions by the Supreme People's Court on the Law Applicable to Cases Concerning Disputes concerning Construction Contracts of Construction Projects"(hereinafter referred to as "Interpretation Two ").Although the relevant legislation has solved the problem of the subject of the right,the legislation is still concerned with the problems of the scope of priority compensation,the way of realization of the right,the duration of the exercise and the obstacles to the exercise of the suggestion right to be further.The text of the thesis consists of four parts.The first part systematically expounds the content of the priority right of payment of construction project price from three aspects: the subject of right,the applicable conditions and the scope of priority compensation,and provides theoretical support for further discussion of the system of priority compensation right of construction project price.The second part gives priority to the right to payment of construction project price and other external rights and resolution methods in practice are discussed,including the conflict and resolution with the rights of the buyers,the conflict and resolution between the multiple claims on the building and the conflict and settlementwith the mortgage.The third part combs the problems existing in the system of the priority compensation right of the construction project price according to the legislative status quo of the priority compensation right of the construction project price and the judicial practice of the contract puts forward that the scope of the priority compensation still exists in general terms and does not include the contractor.Among them,the time limit for the exercise of the right of priority compensation is too short and the starting point is not clear,the way of realizing the right is to examine the conflict between the facts and the efficiency,and the actual constructor has obstacles in the exercise of suggestion.In the fourth part,in view of the above problems existing in the system of preferential compensation for construction project price,it is proposed that the scope of priority compensation should include the contractor's loss and actual input into the scope of compensation,the time limit for the exercise of priority compensation right should be appropriately extended,and the way of realizing the right should be established and further improved in the execution procedure to exercise suggestion.The right should reduce the burden of proof by reference to other legislation.