摘要
Abstract
Though rooted in international legislative experience,the system for priority of compensation for construction project price has exhibited unique protective value and exercise procedures in China.However,as the current Contract Law provides only vague provisions on this system without detailed regulations regarding its nature,exercise procedures,and effectiveness,it has led to frequent inconsistent judgments on similar cases in judicial practice,compromising judicial fairness and authority.This paper addressed controversial issues such as the prerequisites for exercising priority of compensation,the attribution of rights for actual constructors,surveyors,designers,and other relevant parties,and whether the scope of priority of compensation extends to land use rights through the analysis of trial cases.It was aimed at presenting comprehensive rules tailored to the characteristics of the construction market in the hope of providing recommendations for both legal theory and practice in the construction industry,safeguarding contractors'rights and interests,and facilitating the modernization of the construction industry in China.关键词
建设工程优先受偿权/无效合同/效力顺位/行使期限Key words
priority of compensation for construction project price/invalid contract/order of precedence/exercise period分类
土木建筑
