Application Of The Priority Right Of Compensation For Construction Project Price In Bankruptcy Liquidation Procedure

Article 807 of the "Civil Code" stipulates that the contractor shall enjoy the priority of payment of construction project price,but in specific cases concerning the priority of payment of construction project price,how to coordinate with other laws,especially how to apply it in bankruptcy liquidation procedures,How to arrange its bankruptcy liquidation ranking is the most reasonable,which has become a focal issue in the bankruptcy liquidation procedure.However,the existing research may focus on a specific bankruptcy priority,and only tentatively determine or establish the specific bankruptcy priority status.The disadvantage is that it ignores the reasonable demands of other creditors,and it is difficult to implement and promote the intention and principle of bankruptcy liquidation.To clarify the overall evolution trend of the value of bankruptcy liquidation;or to sort out all types of bankruptcy claims that are established or even undetermined by positive law,and attempt to construct the entire bankruptcy claim sequence system with the "big and comprehensive" standard.The verification of "combination" leads to scattered research focus,lack of a clear and clear main line for the demonstration process,and the conclusion is often not practical and rather preachy.There is no distinction at all between the priority of the project price that occurred before and after.This article attempts to get rid of this shackle,determine the property of the security property and the bankruptcy applicability of the priority of the project price,distinguish the bankruptcy acceptance time node and treat the priority of the project price before the bankruptcy liquidation acceptance as the "right of exclusion",and make it clear that the creditor After the meeting confirms that there is no objection,the exercise of the priority right does not need to go through litigation or arbitration procedures,but is directly guaranteed through the "special procedures for the realization of security interests";At the same time,it sorted out the three most controversial points in the priority of bankruptcy and liquidation of the project price and put forward corresponding legislative suggestions and viewpoints in an innovative way.Although the Reply to Reimbursement Rights has been abolished,the creditor’s rights of consumer home buyers should still be paid in the first place.The "super priority of taxation" should be limited by the purpose of the bankruptcy liquidation procedure,and the "Tax Collection and Administration Law" should set up an exclusion clause after the "super priority of taxation" clause to make concessions to the liquidation order arrangement established in the "Enterprise Bankruptcy Law";Third.,Resolve the order conflict with the priority of the project price by reconstructing the bankruptcy expenses and common debts in a classification method.In a nutshell,it is divided into three categories.The first category is the cost incurred based on the acquisition and realization of the priority of the project price.Based on other bottom-line costs generated by procedural guarantees,after classification,the opinion of this article is that the priority of the project price is inferior to that of the first category of expenses;it is absolutely preferred to the second category of expenses;in principle,it is also better than the third category of expenses.Under exceptional circumstances,for the smooth progress of the bankruptcy liquidation procedure,the unpaid part of the third category of expenses should be paid later,unless the third category of expenses can be paid in full through the debtor’s general property.