Probing Into the legal Application of the Right of Priority in Being Paid the Construction Fund

The promulgation of Article 286 of the Contract Law causes lots of disputes. Knowledge of the nature of the related right is connected with its protection. It should be explained as the right of priority in accordance with the related judicial interpretation of the Supreme People's Court which provides it prior to mortgage and other credits. Such right of priority possesses the nature of the real right for security, whose characteristics of attachment, retroactivity, subrogation and undivision become the theoretical basis of solving problems in adjudication. For this reason, the authors propose their opinions to those problems emerging in the adjudication.