论执行中的优先权及其竞合的处理-民商法专业论文.docxVIP

The The Pr ior ities in The CompuIsory Enforcement and the DeaI ing of Thei r Concurrence (Abstract) During the compulsory enforcement．the judge will always face some priority such as security interest and leasehold．It is an important and actual matter for officials how to deem。deal these priorities and protect the legal rights and interests of the clients and other persons related．What we call priority in civil law means one kind of right owned by special creditor who could get paid first with debtors ordinary or special possess．The conception of priority could be understood from broad andl narrow sense．1 want to discuss and solve the broad one in|this 1paper which include all kinds of rights in enforcement procedure which could be paid，transferred and dialed first such as the priority in civiI law．We should admit that legislators in our country never neglect the legal and social Reeds satisfied by the priority system．In fact we have taken various measures including priority to。protect the special debt and credit relationship while the practice of the legislation and justice． While justice practice and during the enforcement procedure，there are a lot of special right for those clients and persons not involved in the case．When enforcing some special possess by the material law and procedure law．In it various priorities take certain percentage．The enforcement officials will face three kinds of priorities：priority of claim。prio咐of怕nsferring and priority of benefit which comprise various preferential right such as security interest from present regulation when enforcing some given possess． The situation of concurrence of different Ipdorities will take place．This concurrence means that is first when several priorities exist on the same object． It could also exist several situation of concurrence between security interests， between security interest and pnodty，between priorities．When dealing this concurrence we should obey some principles and be in accordance with the l