Judicial Determination Of The Right To Priority To Reimbursement Of Construction Project Price ——Take The Lawsuit Of Yingshi Company And Wei Mou And Others Over The Objection To The Implementation Of The Distribution Plan As An Ex

Our country’s system of the priority to receive compensation for the project price is too principled and limited,resulting in a large number of disputes in judicial practice,and there are often cases of different judgments in the same case.Regarding the definition of the connotation and extension of "contractor",the qualification of the actual constructor of the priority right of compensation,the effect of the contractor’s waiver of the priority of compensation,the way the contractor sends a letter to claim the priority of compensation validity,and disputes over the starting point of the exercise period,etc.This article takes a lawsuit of objection to the implementation of the distribution plan in judicial practice as an example,the plaintiff is the mortgage creditor of the project developer,and the defendant is the creditor of the project payment.When the property of the person subject to execution is insufficient to pay off all the debts,the determination of the priority right to repay the construction project price,the subject enjoying the priority right to repayment,whether the priority right to repayment of the project price is effectively exercised,and the exercising period of the priority right to repayment,etc.disputes.The research holds that some defendants who are the actual constructors of the project do not have the priority to receive compensation;other decoration project contractors have the priority to receive compensation.The time of its exercise shall be the time of the lawsuit;the date on which the project is delivered to the executor for use shall be the starting point for the exercise of the priority right of compensation.Finally,taking this case as the starting point,combined with the latest changes in the Civil Code and judicial interpretations,to sort out the areas that need to be improved in the legal system,and put forward my own suggestions and solutions.