破产程序中无效合同的建设工程价款优先受偿权的法律适用问题研究

Abstract

From the "Contract Law of the People's Republic of China" to the "Civil Code of the People's Republic of China" since the establishment of the construction project price priority compensation system. Due to the confusion of the ownership nature and legislative purpose of the right, as well as the disunity of the understanding of the clause and the supporting judicial interpretation, the dispute over whether the contractor can claim the priority of the compensation of the construction project price is prominent in the case of the construction contract being judged invalid in bankruptcy practice. Because priority breaks through the equality of creditor's rights and balances the interests between contractor and other creditors of the employer, the applicable conditions of priority must be strictly limited. Contract invalidity is a legal evaluation of the negation of contract validity, and the provision of paying project money by referring to contract price is only a concrete way to realize the compensation at a discount when the contract is invalid. It is based on unjust enrichment, which is different from the contract based on creditor's right, so it cannot be given the same priority right.