建设工程优先受偿权问题探析

Probe into the priority right to be repaid in construction project

《合同法》第 286条规定了建设工程优先受偿权,然而,其法律属性存在较大的争议。建设工程优先受偿权的法律属性应明确为法定优先受偿权。同时,要关注建设工程优先受偿权与其他相关权利竞合问题,要完善我国建设工程优先受偿权制度。

The article 286 in contract law prescribes the priority right to be repaid in construction project. However, its property in law is disputed fiercely. This paper discusses every viewpoint, points out that property in law of the priority to be repaid in construction project should be defined as the legal priority right to be repaid. Meanwhile, this paper probes into the priority between the rights to receive construction project repayment and some other related rights and offers several opinions about how to perfect system of the priority right to be repaid in construction project in China.