Priority To The Basic Theory - To The Special Claims Priority Range To Start

Priority , in a narrow sense . is the precedent right in compensation that the claimants of certain special financial claims enjoy on the part or all of the debtor's property . which includes the general priority and special priority Priority , essentially, belongs to the field of legal secure real right . The establishment of priority aims at shaking off the equality principle in claims and giving some special claimants the precedence over others when it comes that the property of the debtor is not enough for clearing off his debts . It reflects the legislative policy of a nation and the protection to common interests of community and all claimants . shows the principles of law : equality , justice and uprightness . Some inevitably uncertain elements in the present economic life of our country require the reconciliation of legislative policies of a nation . It is urgent that the existence right of the weak group in the society should be protected . The establishment of the priority system will lay a significant foundation for the adjustment of certain social relationships in the coming future , and will protect the common interests of the country , and the claimant , which unavoidably leads to a steady and social order and great economic progress .Through inspecting history, the author states the conception , nature , type and legal effectiveness of priority, analyses present legislative situation about priority in China law, present the author's legislative suggestion . In detail , this paper , which covers a preliminary study on priority , consists of six parts :The first part: the historical evolution of the priority system . This part makes a concrete introduce about the idea of priority in embryo in Roman Laws , and legislative models of priority in Continental Family . One aim to inspect lies in showing that the sprout of priority system reflects social legislative policy . the other is to choose model for priority system which will be prescribed in future Real Estate Law of china.The second part : the illumination to what is priority . This part illuminates theconception and the nature of priority , discerns the relationship between priority and other concerned rights . Priority belongs to legal secure real right with distinctive characteristics , such as : prescribed by law ; belongs to real rights ; subrogation ; subordination ; undividedness . This part also analyses relationships between priority and other rights , such as : legal hypothecation ; legal pledge ; lien ; priority in compensation ; priority in purchasing .The third part : the legislative foundation and value of priority . Legislative foundation is to protect common interests of community and all claimants , and carry out social legislative policy . The value of priority is justice and order .The forth part: the type of priority and its principles of compensation . This part presents us that priority includes general priority and special priority . According to the principles of compensation among all the types and items of priority : general priority take preference over special priority ; for special priority , one priority which develops first should be compensated above all; when several claimants preserve the same property on different occasion , the one who pay for the last time should be pay back first ; priority which are in the same turn should be paid back in proportion .The fifth part : the legal effectiveness of priority and its limits . This part presents two kinds of legal effectiveness of priority : take precedence in compensation ; subrogation , and analyses how to deal with confliction between priority and other secure real rights ,general priority is always takes the precedence over other secure real rights , however , the implements of it is restricted to some degree. Then this part states limits to legal effectiveness of priority . The modes and period of implement should be situated clearly , registration is another confrontation condition of priority . priority' without registration can only confront with...