Construction Project Cost Gives Priority To Being Discussed By Repaying The Right Problem

That construction project cost gives priority to being repaid right system is that construction project field aiming at that our country "contract law " the 286th stipulates protects a project contract one important legal system of item of person cost. The problem project cost is given priority to being dealt with by fulfilling right is more , is in arrears at present phenomenon is as before grave , the research reinforcing this one problem has very important practical or immediate significance therefore. Effect analysis and legislation the main body of a book being given priority to the right summary being repaid mainly from project cost , giving priority to accepting the boundary repaying the right law character stablely , giving priority to the right be founded being repaid , being exercised and being restricting , giving priority to right being fulfilled perfect wait for investigation and discussion being in progress in six aspects.Part I: Construction project cost gives priority to being repaid the right summary. Judging from the relevance legislation example being unlike area construction project cost such as the genealogy of law country and our country Taiwan abroad giving priority to right being fulfilled, the cost having priority (take privilege first) and legal mortgage to grow a pattern liang , contracting person to the project mainly has given peculiar legal protection. Give priority to accepting relevance concepts such as fulfilling right and building project cost giving priority to right being fulfilled being in progress making an explanation to incumbrance , priority, emphasize one carrying out differentiation on the concept building and building two , giving priority to have temporarily being fulfilled thereby much better to construction project cost basically acquaintance.Part II: The boundary giving priority to the right law character being repaid fixes construction project cost. The legal principle having set forth construction project cost first giving priority to right being fulfilled is analysed according to the person is on the march, and to that; The viewpoint is in progress secondly to the diversity giving priority to right being fulfilled abroad in connection with construction project cost brief introduce that, our country educational circles gives priority to the right problem being repaid having a lien to say priority analysis at present to construction project cost, legal mortgage says , priority speaks to wait to be unlike a viewpoint three kinds, the different to the three kinds viewpoint of author has carried out analysis , has brought forward self viewpoint , has thought that construction project cost gives priority to being fulfilled should be that one kind of legal priority , the person have a statutory guarantee, are not that the male expressivity and effect are excellent temporarily.Part III: Construction project cost gives priority to be founded right is fulfilled. The author first has carried out induction on the theory building project cost in the homeland giving priority to the diversity right is fulfilled setting up important condition , the author has carried out analysis combining with trying important condition such as the main body , object and time carrying out and giving priority to right being fulfilled in connection with legal rules , to construction project cost be founded. Our country construction project cost gives priority to being repaid the main body that right sets up ought to be the people who builds engineering construction job contracting , the cost carrying out the people who rebuilds , expands, and surveys , designs job contracting on to having a building already being able to become a construction project gives priority to the main body right is fulfilled. Whether person can enjoy to engineering construction such as subpackage , fitting up giving priority to right Ying Gen being repaid That the construction project contract responds to lawfulness is effective , enjoys according to law since the construction project contracts the creditor's rights ability that relation forms to give priority to right being fulfilled. The creditor's rights the construction project is given priority to being fulfilled ought to be that the project contracts person paid because of engineering construction the reward working, to being the money building the material that the project throThe author thinks that being able to list the person in the range giving priority to right being fulfilled should look at condition or not deals with different people in different waysws into and paying and expecting to be repaid later cost, the author thinks that being able to list the person in the range giving priority to right being fulfilled should look at condition or not deals with different people in different ways.Part IV: Construction project cost gives priority to accepting exercising fulfilling right and restricts. The author exercises the counting-started time that six months time limit character and right exercise first from right carrying out analysis, way coming true from right, the interpellation , agreement reduced price, apply for ways like court auction if going ahead of the rest, do mind convention abandoning , the author checking this one problem holding negative attitude on exercising giving priority to right being fulfilled, by the interested party. Right exercises way face to face , time and their his restricts condition carrying out analysis, and sets forth a reason finally.Part V: Construction project cost gives priority to being fulfilled right effect analysis. Cost gives priority to being fulfilled right and how right handles other when conflicts occurred among in the construction project, not only construction project priority giving priority to general creditor's rights of Yu, give priority to in general mortgage; Buy house but when person has paid the part or the most sum of money , then, give priority to contracting person priority in the project , just say, when conflicts occurred among the benefit contracting people's benefit and consumer, benefit ought to give priority to since consumer's benefit belongs to survival. The author carries out priority having carried out analysis on the treatment that the consumer buys when right and mortgage conflict combining with trying. Creditor's rights waits in construction project priority with going bankrupt other right.Sixth parts: Legislation construction project cost is given priority to right system being repaid perfect. Our country contract law has given to a construction project contract person should enjoy the right giving priority to being repaid with regard to whose cost. The construction project contracts person in practice, in the process exercising self right , is in the cards meeting affect arrive at other creditor's benefit, this apparent Bu Li Yu safe upkeep of business and the social order stability. Construction project cost gives priority to being repaid right system returning a few defects back to existence in exercising process, the author thinks, answer this one priority system in future legislation middle additionally perfect , herald that the system registering waits for 286th , suggests to perfect our country "contract law " if building-up gives priority to being fulfilled right.