On The Prior Indemnification Of Construction Project Cost

The 286th clause in the Contract law of the people's Republic of China (Contract law for short) regulates the prior indemnification right of construction project cost. The official written reply about the prior indemnification right of construction project cost from the supreme count (the official written reply for short) complete the regulation of the 286th clause in the Contract law. It regulates the order of the right actualizing and the right's extension particularly. The prior indemnification right of construction project cost is in allusion to the problem of the construction cost default and in order to protect the charger's benefit and accelerate the developing of the construction industry. The prior indemnification right of construction project cost protects the charger's benefit in some extent, and it is good to the developing of the construction industry.But what we should pay attention to is that the executing of this right can bring forward some complex problems, such as this regulation weakens the protection to the bank and the purchaser, and even affect the register and the revelation in our country. The author analyzes the problems of the executing of the prior indemnification right of construction project cost in the judicial practice and point out his own opinion. Then the author confirms the character of this right by analyzing the legislations in different country. And the author finds the differences between our regulation and other country's legislation and the disadvantages of our regulation. In the end the author points out the project to the methods of solving the problems. The article is divided into four parts.Part one is the purport and confirming of the prior indemnification right of construction project cost. First of all, the author analyze the theory value and practical purport of the prior indemnification right of...