Research On Priority

There are two theories about priority, the unified theory of nature and non-unified theory of nature. The unified theory of nature advocated that a typical priority security interests, security interests with the basic attributes of the property should be classified as priority areas; non-unified theory of nature advocated that the right properties can be divided into nature of the right priority and the nature of priority claims. Nature of the right priority is independent security interests, is property rights were based on property ownership or the right to use and enjoy the priority right. The nature of priority claims is only a special protection method to special claims. This article expounded on the priority nature of the claims. Because most existing literature named the nature of priority claims as priority, this paper has also used the name.This paper is divided into two parts. The first part gives priority to the title, the concept of nature, characteristics of the basic tenets of priority, the second part of the article describes several priority which was provided in Chinese laws , including wage priority, compensation and resettlement contract priority, priority construction projects and maritime priority. First, Because workers are often at a disadvantage in the labor market, worker's life has the dependence to the wages, workers labor on the increase in value of the debtor's property or reduce played an irreplaceable role, and the wages has the possibility which delays, so the wages of workers should be given priority. This article elaborated the worker wages priority legal foundation and the potency in bankrupt procedure; Second, about the demolition of compensation and resettlement contract priority, this paper mainly discusses the legal foundation of the relocation compensation and resettlement contract priority, which one is the first, when relocation compensation and resettlement contract and the housing business contract exist at the same time, and which one is the first, when relocation compensation and resettlement contract and the mortgage exist at the same time; Third, there is considerable controversy about the nature of construction projects priority in theory and in the legislation of all countries. Many view think that it is the mortgage. So this paper discusses the nature of construction projects priority, and draws the conclusion that it is priority. Because the priority is statutory, and a considerable portion of construction price are the wages of workers, when construction projects priority and the mortgage exist at the same time, construction projects priority first. When construction projects for commodity apartment, construction projects priority and consumer rights may exist at the same time. If allows the contractor to exercise its priority, it means developers transferred their debt to the consumers. And consumer interests are the interests of survival, compared with the contractor's interests should be given priority; Fourth, as the ship priority is one of the important contents of the commercial maritime law, and an important element of International Commercial Law, various countries' stipulation is similar with the international joint pledge stipulation more or less, therefore, all countries are similar in this respect. This paper discussed that: What is the legal foundation for its existence, Which is the first when it is coexist with ship mortgages and maritime liens, and the problem of the order among the maritime priority.