Study On The Starting Point Of Priority Compensation Right Of Construction Project Price

The starting point of the right of preferential compensation of construction project price is directly related to how the right holder should exercise the right,and is the key to the right holder to grasp the right and exercise the right reasonably.At present,the clear legal basis for the period of priority compensation right of construction project price can be found is Article702 of the Civil Code and Judicial Interpretation of Construction Project(I)of the Supreme People’s Court.However,the existing legal norms for the starting point of the priority of compensation,such as "the date of payment due to the project price",are still unclear.In this regard,the practice community is also difficult to unify the standards,so that contractors in the exercise of rights are often at a loss.The starting point of project price priority compensation is summarized.Through sorting out the evolution of the starting point of the priority compensation of construction projects,it is proposed that the starting point of the priority compensation of construction projects is divided into two categories in the current judicial practice based on whether the contract has agreed on the payment time as the standard,that is,the contract to agree on the payment time and the contract is not agreed or the agreement is unclear.But the standard of whether the contract is agreed or not cannot solve the actual situation.Although the contract has agreed on the payment time,but the project payment has not reached an agreement and the agreement changes the identification of the starting point of the problem.The complex and special bankruptcy procedure also has the problem of different standardsIf the payment time agreed in the contract cannot be reached,if the payment time agreed in the original contract is taken as the starting point of the priority right of compensation,it will lead to the failure to exercise the right.Where the parties agree on an implied settlement clause such as "no reply shall be deemed as recognition",the expiration date of the time limit for the employer’s reply as agreed in the contract shall be regarded as the starting point.If the employer fails to conduct the audit within the prescribed time limit for settlement,the starting point shall be calculated on the basis of the expiration of the settlement audit period.In other cases,the date of the contractor’s action shall be the starting point of the priority.In the case of alteration of agreement,the parties’ autonomy of will shall be satisfied on the premise of not affecting the legitimate interests of others.The bankruptcy procedure is the standard of case type,and there are different types in the bankruptcy procedure,namely,the creditor’s right is not due when the bankruptcy application is accepted,the bankruptcy application is not completed when the bankruptcy application is accepted,the exercise of the priority of compensation before the bankruptcy application is accepted has exceeded the legal period and the contractor is bankrupt.Finally,combining with judicial precedents,it is concluded that the creditor’s right is not due at the time of application acceptance and the bankruptcy application is not completed at the time of acceptance.In the case that the priority of compensation has exceeded the legal time limit before the acceptance of the bankruptcy application,there is no priority of compensation and the contractor in the bankruptcy procedure according to the judicial practice of the contract does not agree on the unspecified or unspecified treatment,the date of prosecution or the date of termination as the starting point.