Discussion On Priority Of Compensation For Construction Projects Price

China's Contract Law in the 286 th article defined the priority of compensation for construction projects price in 1999.With the vigorous development of China's construction industry,the number of cases advocating the priority of compensation for construction projects price has been increasing and 286 th article reveals its inapplicability gradually.Besides,the phenomenon of different judgments in the same case has increased.Since priority of compensation for construction projects price breaks the traditional real right principle of “time first,right first”,making it more controversial in judicial practice.Although the Supreme Court issued the “Approval on the Priority of Compensation for Construction Project Prices” in 2002,there are still many disputes on the application of the priority of compensation for construction project price due to the ineffective judicial interpretation.On the basis of cases and theoretical research,this paper studies the related issues of priority of compensation for construction projects price.Legislative items and legal nature of priority compensation right of construction projects price are introduced firstly.On the basis of the analysis of the existing provisions of the priority of compensation for construction projects price,the problems of the priority of compensation for construction projects price are listed.Secondly,exercising subject,exercising procedure and exercising time limit of the priority right to compensation of construction project price are analyzed,pointing out the contractor must be fulfilled the qualifications,procedures and the time limit for exercising the right.Thirdly,the subject matter and the secured creditor's rights of the priority of the construction project price are discussed,proposing that the scope of the secured creditor's rights should be judged by the materialization of labor and material resources into the construction project.Finally,the conflict between the priority right of repayment of construction project price and the mortgage right,consumer's creditor's rights,franchise right and bankruptcy creditor's rights of financial institutions such as banks are discussed,and then the corresponding solutions are proposed.