Research On The Prefer Efficiency Of Purchase Money Super-Priority

In order to protect the interests of creditors,solve the financing problems of enterprises and optimize the business environment,the Civil Code added a new priority system for payment for goods.The priority of payment for goods plays an important role in the system of security real right,but the name of the right is not clear in the legislation,and the definition of the nature of the right is not accurate.Especially,there are many problems in the part of priority effect.Secondly,the provisions of the compensation rules when the priority of payment for goods is competitive deposit are not reasonable;Third,there are no provisions on the processing of the priority of payment for goods and the competing deposit of the right to receive compensation for the project.In this regard,the theoretical circle and the practical circle are debating endlessly,and need to be studied deeply.This paper uses literature analysis method,normative analysis method and comparative analysis method to make an in-depth discussion on the name and nature of the right of the priority of payment for goods,the validity priority theory of "the relationship between the payment for goods and the goods" and the priority effect of the priority of payment for goods and the competing deposit of other rights.On this basis,in view of the deficiencies of the provisions of the priority of payment for goods in the current law,the improvement suggestions are put forward.Firstly,it studies the basic connotation of the priority system for payment for goods,compares the design of the system between different countries(regions)and our own,and argues that the right should be named as "the priority for payment for goods",whose nature is the fourth typical real right for guarantee alongside the mortgage,pledge and lien.Secondly,the paper analyzes the theoretical basis of the priority effect of the payment for goods,and points out that the intrinsic essence of the priority effect is "the relationship between the payment for goods and the goods".The right of priority for payment for goods is guaranteed by the goods themselves,and "the debt arises from the goods".The payment for goods is just the value form of the goods,and the payment for goods is subrogation relationship between the goods and the goods.If the person with priority for payment for goods loses the goods,he or she needs to take the payment for goods as the priority for compensation.This is the justification of the special rule of "after registration,effectiveness first".On the basis of the theory that "payment for goods is related to goods",this paper reviews the priority validity rules of competing deposit of the priority of payment for goods and other rights,and finds the following problems: the priority of payment for goods is disputed over the mortgage right and pledge right;It is not the best scheme to determine the order of payment according to the registration time when several priority loans are competing for deposit.There is no stipulation on the priority of payment for goods and the priority effect of the right of compensation for project funds when competing for deposit.Finally,in view of the deficiency of the current law on the priority of payment for goods,the author puts forward some suggestions for improvement: this right can be named as "priority for payment for goods" in legislation,and its nature is the fourth typical security real right;The priority effect of the priority of loan should be specified in the form of judicial interpretation,and it should be specified that the priority of loan has priority over the floating mortgage,mortgage and pledge right.In the case of several competitive deposits for the priority of payment for goods and competitive deposits for the priority of payment for goods and the right of payment for construction funds,the payment shall be made in accordance with the proportion of the creditor’s right.