Research On The Priority Effect Of Commercial Apartment Consumers’ Creditor’s Rights

2020,Supreme People’s Court announced the abolition of the "Approval of the Supreme People’s Court on the Priority of Compensation for Construction Project Costs".Under this circumstance,it becomes a question whether the priority effect of commercial apartment consumers’ claims against the priority right of repayment of construction project prices has become a problem.Combining the "right of expectation of real rights",it can be concluded that consumer claims on commercial apartment have priority effect against general claims.From the two analysis paths of the value necessity and legal possibility of the priority effect of commercial apartment consumers’ claims,it can be concluded that under the new situation where the "Approval" was abolished in 2002,commercial apartment consumers’ claims can still oppose the contractor’s priority right of repayment.And because the contractor’s priority right of repayment has priority over the mortgage right,it can be concluded that consumers of commercial apartment have the priority effect against mortgage rights,thus completing the justification analysis of the priority effect of consumer’s claims on commercial apartment.Commercial apartment consumer claims have priority effects against general claims,contractors’ priority repayment rights,and mortgage rights.They have become "super rights",and their application should be restricted.At the same time,the "Regulations of the Supreme People’s Court on Several Issues Concerning the Handling of Execution Objections and Reconsideration Cases by the People’s Court",which is the basis for the priority effect of the creditor’s rights,and the 2002 "Approval" have misplaced the terms of the subject of the priority effect.Under the new situation that the "Approval" was abolished in 2002,it is necessary to define the subject of creditor’s rights.The general interpretation path of the subject is "the subject should be limited to natural persons,and the apartment purchased should be a commercial apartment that meets the basic living needs." For "shop buyers" that appear in practice,in principle,the enjoyment of the priority effect of their creditor’s rights is excluded.Only when the purchased shop is used for residence or the shop operation is used to maintain the basic life of the family,the buyer may be eligible for the main body.With regard to the creditors of "repayment of debts with apartment" in practice,only creditors belonging to the "renewal of debts" may become the subject of consumer credits of commercial apartment in question.Combining the "Provisions on Objections and Reconsiderations",it can be concluded that the constituent elements of consumer claims for commercial apartment with priority effect include: one,a legal and effective written commercial apartment purchase contract has been signed;two,the purchase of commercial apartment is used to satisfy the basic requirements of consumers Residential needs;three,the paid amount exceeds 50% of the total price agreed in the commercial apartment sales contract.And in judicial practice,the court needs to strictly grasp the third element,and then use the method of case analysis to specifically determine whether the house buyers’ claims have priority effect.