Research On Priority Of Construction Project Price

The preferential payment system of construction project price has unique institutional value under the current microeconomics background and industrial distribution structure,and its institutional construction provides confidence for the development and construction of real estate.Starting from the theoretical paradigm of implicated relationship and value-added,the protection of contractors is worth breaking through the principle of creditor’s rights equality.The indirect manifestation of social security function can also reduce social contradictions in the field.At the same time,the priority right to be paid for the construction project price should be exercised in strict accordance with the provisions of the law,so as to give consideration to the interests of other obligates and increase the opportunity for other creditors to be paid.There is no special chapter on priority in the current laws and regulations of our country,and the relationship between the priority to be paid for the construction project price and the priority should be generic.Under the systematized legislative model,the priority right to receive payment of construction project price in China is the priority right to receive payment of specific real estate,which should be understood by the concept of narrow priority,and has the recognized characteristics of priority,legality and particularity of creditor’s rights.At present,there are still disputes about the nature of the priority to be paid for the construction project price,the constituent elements and the ranking rules,and there is still much room for discussion and necessity.The priority right to be paid for the construction project price has a series of characteristics of property rights,such as dominance,exclusiveness,limited recourse,and belongs to the category of property rights.At the same time,the priority to be paid for the construction project price should be among other real rights,with the characteristics of security real rights such as indivisibility,subordination and abrogation.In view of the current theoretical analysis of the controversial nature of the priority right of payment of the construction project price,through the negation of the real estate lien theory,the legal mortgage theory and the admission of the legal priority theory,it is determined that the priority right of payment of the construction project price in China should belong to the legal priority in the legal security interest.The legality and validity of the construction contract of the construction project is the premise of the existence of the priority right to be paid for the construction project price.After the contract is invalid,the basis of the claim for construction project price is the claim for unjust enrichment.The priority right of payment of construction project price cannot be the object of abrogation,so the actual constructor cannot abrogate to exercise the priority right of payment of construction project price.The surveyors and designers shall have the priority to be paid for the construction project price,and the results produced by them belong to the construction project.The contractor’s priority right to be paid for the construction project price should not extend to the land use right within the scope of the construction project,and should be disposed together and valued separately according to the principle of "real estate integration".The priority right to be paid for the construction project price only has the priority right to be paid for the construction project,and the exchange value of the land use right where the building is located should be included in the property of the employer,and be paid together with the ordinary creditor or mortgagee.In order to protect the value of vulnerable groups and maintain a good business environment,it is necessary to give preferential protection to the creditor’s rights of commercial housing consumers.Based on the analysis of maintaining the unity of the current civil law system and the recovery and effectiveness of the priority right to be paid for the construction project price,the current practice that the Civil Code does not incorporate the relevant provisions of Article 2 of the Reply to the Supreme Court of Civil Law is worthy of approval.Even so,the possibility of seeking preferential protection for the creditor’s rights of commercial housing consumers under the current legal framework still exists.After the construction materials are processed into a part of the construction project by the contractor’s labor,the purchase price security right and the contractor’s construction project price priority right of repayment have the situation of competing security interests,and the priority protection of the construction project price priority right of repayment has more legal legitimacy.As a legal priority that breaks through the principle of equality of creditor’s rights,the right of priority to receive payment of construction project price must be exercised in strict accordance with the provisions of existing laws and regulations,and must have a fairly sufficient basis of legitimacy.Therefore,the interpretation of Article 807 of the Civil Code should not be too broad,so as to achieve the goal of balancing the interests of third parties.