Research On The Transfer Of The Priority Of Construction Projects

In order to protect the vulnerable groups in the construction industry,Chinese legislation gives the contractor the right of preferential compensation for the construction project.In the engineering practice,because the owner pays the project price for a long time,the contractor transfers the project creditor’s right in order to quickly recover the funds,what is the effect of the right of preferential compensation at this time,and whether the assignee can obtain the right of preferential compensation at the same time? The theoretical circle has not formed a unified academic view on this issue,and the judicial system has not formed a unified judgment.If it goes on like this in the long run,judicial justice will be damaged.In order to clarify the application of this legal issue and provide opinions for the unified view of judicial adjudication,it is necessary to carry out research on the priority of compensation of construction projects.The priority of compensation of construction project is the legal priority,which has the subordinate property of security right.In principle,it can be transferred with the assignment of the creditor’s right of construction project price.At the same time,the priority of compensation of construction projects is restricted by the principle of equity.It can not be transferred at will,but is transferred with conditions.The transfer should take into account the interests of vulnerable groups in the construction industry.