Research On The Priority Right Of Compensation For Project Payment Of Attached Actual Constructors

There are a lot of problems in the construction field in arrears,in order to solve this problem,article 807 of the Civil Code(Article 286 of the original contract Law)gives the contractor the right of priority to be paid for the project.However,there is no clear stipulation on whether the linked actual constructor can be compensated first,which leads to the inconsistency and unclear reasoning of the local courts.As a guarantee right to guarantee the realization of the creditor’s rights,the premise of application is the right to claim the project money from the contractor.The existing judicial interpretation only stipulates that the actual constructor of illegal subcontracting and subcontracting can directly sue the contractor,and it is not clear whether the situation can be applied.However,the judicial interpretation stipulates that as long as the project is qualified,the actual constructor can also refer to the contract to obtain consideration.The human,material and financial resources invested by the actual construction personnel have been materialized as the result of construction.Therefore,it is necessary to discuss the nature,characteristics and applicable conditions of the right of priority compensation from whether the contractor has the right to claim for the project money.This paper is divided into the following parts:The first part,introduction.First,explain the background of the research,then briefly describe the current research status of related issues,and finally explain the significance of this study and research methods.The second part,the case introduction.Take three linked construction dispute cases as materials.Summing up the basic case and the reasons of the court decision,this paper abstracts the three controversial issues with sequential logical relations that need to be discussed in this paper.How to define the linked actual constructors? Can the actual constructor directly claim the right to the contractor? Can the linked actual constructor enjoy the priority of the project payment? The second controversial issue is the realization premise of the third issue.The third part,the legal theory analysis.This part combines the above three cases,through the literature research,as well as the comparative method research and so on method to carry on the legal theory analysis around the three dispute focal points which this paper abstracts.Firstly,it analyzes the difference between the linker and other related subjects,and further clarifies the definition of the linker;secondly,it analyzes whether the linker can claim the right directly from the contractor,including the validity of the contract and the legal relationship between the parties and the legal relationship between the parties,the way to claim the right to the contractor.The fourth part,the case study conclusion and enlightenment.In this part,according to the legal analysis of the focus problem,the conclusion of this paper is that the actual constructor should enjoy the priority of compensation.At the same time,some suggestions are put forward to improve the problems existing in the trial of this kind of cases,such as defining the actual construction person,giving the contractor the status to participate in the lawsuit,and perfecting the corresponding punishment system.