工程价款优先受偿权保障债权范围研究

On the Protection of the Scope of Creditor's Rights in Priority Relating to Construction Fund

工程价款优先受偿权的理论基础是增值理论与特定的产业保护政策。对工程建设有益的债权应纳入保障范围,拟采工程全部发生款说,包括工程建设的利润、违约赔偿金和损害赔偿金,但这种排他性权利会对第三人权利的实现构成威胁,应限制在合理的范围内,以达至优先权人和第三人利益的平衡。

The theoretical basis of the protection of the scope of creditor＇ s rights in priority relating to construction fund is value-added theory and protective policies on certain industries. The credi- tor＇s rights benefiting to the construction project itself should be included in the protection scope, taking the theory of the entire construction fund incurred for granted, which include construction profits, liquidated damages and compensatory damages. However, this kind of excluding right is to threaten the realization of the legitimated rights of a third party. Therefore, it should be limited to a certain scope in order to balance the rights of the creditors in priority and the rights of the third par- ty.