Study On Transfer Of Priority Right Of Compensation Of Construction Project Price

With the rapid development of the times,the trading market also presents a diversified evolution trend,and the circulation of creditor’s rights has become an indispensable member of the modern trading market.In the process of the formation of the creditor’s right of the construction project price,the chain of interests involved is complex,and there is a natural priority to receive the construction project price to guarantee its realization,which has certain particularities compared with ordinary creditor’s rights.The particularity of the creditor’s right of the construction project price itself determines the particularity of its assignment,that is,whether the transfer of the creditor’s right of the construction project price will lead to the transfer of the accompanying priority to receive the construction project price.The handling of this dispute is not only not reflected in the relevant normative documents,but also in judicial practice,there are cases in which the court has different judgments on whether the priority in compensation for the construction project price can be assigned.This paper analyzes the theoretical basis of the assignment of the priority right to repay the construction project price and the necessity of assigning it.It is believed that the priority right to repay the construction project price does not have personal exclusiveness and can be assigned together with the main creditor’s right.On the basis of determining that the priority right to repayment of construction project price is assignable,discuss the problems existing in the assignment of priority right to repayment of construction project price,including whether the priority right to repayment of construction project price can be assigned to different judges,and the rights The rights and interests of specific affiliates such as construction workers and material suppliers cannot be effectively guaranteed after the transfer.There are two main reasons for the analysis:First,no specific transfer system has been formed.In the absence of a specific transfer system,it is not clear whether the project funds can be transferred,the legal relationship between the parties cannot be identified,the requirements for the transfer of rights cannot be clarified,and the transfer of priority rights lacks practical operability;second,The protection mechanism for specific related persons is not perfect.After the priority right is transferred,the specific related person can no longer obtain the indirect protection of the priority right by exercising the right of subrogation,which is not in line with the system concept of the priority right protecting the weak.To solve this problem,first of all,it is necessary to determine at the legislative level that the priority right of construction project price has the attribute of assignability.Secondly,on the premise that the priority of the right to receive the payment of the construction project can be assigned,by clarifying the legal relationship between the parties involved in the assignment and the requirements for the assignment,a system of assigning the priority of the right to receive the payment of the construction project is established.Finally,it is necessary to restrict the assignment of the priority right of compensation for the construction project price.Improve the protection mechanism for specific affiliates by giving specific affiliates the right to block the assignment of the priority right to repay the construction project price,establishing a system of joint and several liability for the assignee of rights,and requiring publicity of the fact of the assignment of rights,in order to achieve the value balance of autonomy of will and protection of the weak.