承包商优先受偿权对外效力的理解与实务

The Explanation and Practice of the External Effect of the Contractor's Priority of Compensation

承包商优先受偿权是法定担保物权,该项权利的立法目的是为了解决实践中日益严重的工程款拖欠、承包商利益难以保护的问题;但目前,我国法律对优先受偿权的性质及对外效力语焉不详。本文对优先受偿权与一般抵押权、消费者房屋预购权、特殊债权及数个优先受偿权之间存在权利竞合时的效力顺位,以及相应承包商的实践操作,进行了详尽的探讨及论述;以期为承包商在现行法律制度下有效行使优先受偿权,提供可供参考的方向。

The contraetoffs priority of compensation is a legal security interest; the legislative purpose of which is to solve problems such as default of construction cost and difficulties in protecting the contractor＇s interests, which have become increasingly severe in practice. Nowadays the nature of the priority of compensation and its external effect is not clear in our legal system. This paper conducts a detailed discussion and argument of the effect priority and the relative practices of the contractors when the concurrence of the priority of compensation and other claims such as general mortgage right, consumers＂ right of claim of pre-order registration, other special claims priorities and other several priorities of compensation happen, in the hope of offering a reference direction for the contractors to effectively implement the priority of compensation under the present legal system.