建设工程优先受偿权探析-法律·经济法专业论文.docxVIP

兰州大学硕士学位论文 兰州大学硕士学位论文 建设工程优先受偿权探析 第四章：完善建设工程优先受偿权制度，实现承包人的债权保护。笔者在此部分主 要是针对文章第三部分所出现的问题，提出一些解决措施，例如立法明确建设工程优先 受偿权的法律性质、建立建设工程优先受偿权的预告登记等等。 关键词：建设工程优先受偿权法定抵押权预告登记 兰州大学硕士学位论文 兰州大学硕士学位论文 建设工程优先受偿权探析 ABSTRACT In recent months，caused by the U．S．sub-prime problem has evolved into a financial crisis spread to the global．In this crisis，many developers began to funding chain tension，and even some developers began to break the chain of funds，the developer does not meet the projecf under the contract price，or even the malicious payment of the phenomenon will become increasingly serious．In particular,to advance funds in many construction contractor,the outstanding payments in a direct threat to the survival of some of the realities of workers，and even cash—flow problems due to lead contractor bankruptcy,a serious impediment to the development of the construction industry and undermine social stability,is not conducive to social economic development．This phenomenon has led to a very serious social consequences， to reduce corporate credibility,social and faith—based have been shaken．and should not be a direct result of a large number of the difficulties created for construction workers，a greater number of migrant workers is to become the ultimate victims．In this regard，October 1，1 999 implementation of the’‘Contract Law”Article 256 stipulates that in order to specifically attempt to resolve the problem，but because of its lack of practical feasibility and did not play its due role．”Supreme People’S Court on the construction of a priority claim to the issue price of the approved”(hereinafter referred to as”approved”to”Contract Law”Article 286 has made the application of the specific judicial interpretation,which is the judicial practice of great guiding significance but it has raised the theoretical circles as well as the areas of judicial practice，a series of controversial issues．Therefore，t