| The "Contract Law" promulgated in 1999 stipulates the contractor’s right of priority to receive payment for the project to solve the problem of arrears of wages in the field of construction projects.Unlike the contractor,the construction contract of the actual constructor is usually void.Whether the actual builder can have the priority to receive compensation for the price of the factory,the laws,regulations and judgments vary from place to place,and the reasoning angle is also different.In this regard,it is necessary to return to the main body of the actual constructor,the nature of the priority of compensation and the system itself.The types of actual constructors include contractors under three invalid contracts of illegal subcontracting,subcontracting and borrowing qualifications.Their identification can be combined with contract standards and physical standards,and attention should be paid to the distinction between them and other entities.Under the current system of real rights,the priority of repayment should be recognized as a statutory mortgage.The actual constructor under the invalid contract caused by illegal subcontracting and subcontracting has no priority in compensation.If the construction contract of the actual constructor is invalid,the priority right to repay the creditor’s rights in the guarantee contract is naturally invalid,and the invalidity of the contract itself implies a negative evaluation of the law.The strict criteria for determining a valid contract should not be a reason to break through the relativity of contracts and give priority to compensation to workers.An affiliated actual constructor whose contract is invalid due to borrowing qualifications can enjoy the priority of compensation due to the fact that he has a de facto contractual relationship with the developer.The lack of priority in compensation does not mean that their rights cannot be protected.The actual constructor can exercise the priority in compensation,but must meet certain rules and conditions. |
