关于建设工程价款优先受偿问题探讨

Discussion on the Problem of Receiving Priority Repagment in Construction Projects

合同法第286条规定的承包人建设工程价款优先受偿权,在性质上属于法定抵押权,且在建筑施工合同无效、建设工程尚未竣工的条件下,仍应适用本条规定;对承包人垫付的且已物化到建设工程中的工程款、因业主违约而形成的补偿性违约金也应当列入优先受偿之列;并对行使优先受偿权的期限及与消费者的权利冲突问题作了初步探讨。

According to the article 286 of the contract law, the cost and remuneration of the construction project to the contractor should be compensated in priority, which belongs to legal mortgage by nature, and it also applies to this article even under the condition that the construction contract is ineffective and the construction project is not completed; the cost and remuneration paid in advance by the contractor and materialized into the project, the compensatory penal bonds occured because of the owner should also be compsensated in priority. At last, the paper analyzes the term of the compensation in priority and the conflict between compensation in priority and customers＇ rights.