论建筑工程承包人优先受偿权及其实现

On Contractor's Priority Claim of Construction Engineering and Its Realigation

中华人民共和国《合同法》第286条规定的建设工程承包人优先受偿权性质上当属优先权,该权利的产生毋须当事人双方合意约定,而是依法当然产生。承包人优先受偿权与相关权利竞合时消费者权益高于承包人优先受偿权,承包人优先受偿权高于抵押权和其他债权。

The clause 286 of contract law of the People's Republic of China regulates that contractor's priority claim of construction engineering is a kind of priority. The birth of priority need not be contracted consensually by the two sides but by law .When contractor's priority claim and related right are concurrent, consumer's right is higher than priority of claim and contractor's priority claim is higher than hypothecation and other debt right.