At the same time, Article 26 of the interpretation of the Supreme People’s Court on the applicable legal issues in the trial of disputes over construction contract of construction projects only gives the actual construction contractor the right to claim the unpaid project price from the employer in violation of the relativity of the contract, and does not specify that it can claim the priority of compensation for the construction project price.
First of all, Shengda company is not the subject of the legal relationship between Tianle company, Shengyuan company and industrial and mining company in the cooperative development of real estate, and does not enjoy the rights and assume the obligations in the legal relationship, that is, it has no independent claim right to the subject matter of the (2017) Gan 12 min Zhong No.
Shengda company does not have the subject qualification to file a third-party revocation lawsuit.
Therefore, Shengda company, as the actual construction contractor, does not enjoy the priority of compensation for the project price.
Case index: retrial case of the third party’s cancellation lawsuit of Gansu Shengda Construction Decoration Engineering Co., Ltd.
263 civil judgment was not wrong, nor did it damage the civil rights and interests of Shengda company.
Article 26 of the interpretation of the Supreme People’s Court on the applicable legal issues in the trial of disputes over construction contract of construction projects only gives the actual construction party the right to claim the outstanding project price from the employer in violation of the relativity of the contract, and does not specify that it can claim the priority of the construction project price.
According to the provisions of Article 56 of the Civil Procedure Law of the people’s Republic of China, the subject who has the right to file a third party’s cancellation action is a third party, including a third party with an independent claim right and a third party without an independent claim right.
263 case, and is not the third party with independent claim right in the case.
Shengda company claims that part of its creditor’s rights to Shengyuan company is project funds, which belongs to the priority creditor’s rights.
263 and does not have the characteristics of a third party without independent claim.
(2017) the content of Gan 12 min Zhong No.
263 civil judgment objectively led to the release of the property that Shengda applied for preservation, the judgment did not damage the creditor’s rights of Shengda, nor did it cause Shengda to be unable to compensate for the subject matter of execution due to the wrong content of the judgment.
It has no legal relationship with the civil judgment result of (2017) Gan 12 min Zhong No.
If the enforcement court is not satisfied with the decision of unsealing the subject matter of enforcement, it may provide additional relief in accordance with the civil procedure law…
Although Shengda applied for preservation measures on the land involved in order to realize the aforesaid claims, it does not enjoy substantive rights on the land involved.
Source: the main body of the claim for the priority of the construction project price is the contractor.
As a general creditor, Shengda company also does not have the special circumstances for filing a third-party cancellation action as stipulated in the minutes of the national civil and commercial trial work meeting, so it does not have the plaintiff qualification for the third-party cancellation action.
Shengda company enjoys the general creditor’s rights against Shengyuan company based on (2016) Gan 12 min Chu No.
Although the execution of the (2017) Gan 12 min Zhong No.
and Xihe County Tianle fireworks Co., Ltd.
Secondly, based on the mediation results of the construction contract dispute case with Shengyuan company, industrial and mining company and Gansu First Construction Group Co., Ltd., Shengda company enjoys the general creditor’s rights to require Shengyuan company to pay monetary debts.
48 civil mediation statement, which is not within the scope of civil rights and interests protected by the third party’s cancellation action.
2458] the focus of the dispute is whether the actual constructor can claim the priority right of compensation for the construction project price? Judgment opinion: the Supreme Court held that: 1.
[(2021) supreme law minshen No.
2、 Shengda company does not have the substantive conditions for filing a third party revocation lawsuit.
Therefore, as the actual construction party, it does not enjoy the priority of the project payment.
The court believes that according to Article 17 of the interpretation of the Supreme People’s Court on the application of laws in the trial of disputes over construction contract (II): “if a contractor who has entered into a construction contract with the employer requests the price of the construction project to be compensated preferentially according to Article 286 of the contract law, the people’s court shall support it.” And the reply of the Supreme People’s Court on the issue of the priority of compensation for the construction project price: “the people’s court shall, in the trial of real estate dispute cases and the handling of enforcement cases, in accordance with the provisions of Article 286 of the contract law of the people’s Republic of China, determine that the priority of compensation of the construction project contractor is superior to the mortgage and other creditor’s rights.” The contractor is the subject of the claim of the priority of the construction project price.
