Studying the Conflict between Priority Right to Be Repaid and Mortgage Rights on the Fund of Construction Project

Priority right to be repaid on the fund of construction project is stipulated by contract law of our country. But in case it contends against or operate jointly with mortgage rights, there is no stipulation on their sequence of preference, which brings about problems in economic construction and judicial practice of our country. An analysis is made on the legal principle that priority right on the fund of construction project should be more preferred. The analysis is made by using legislative examples from abroad and Taiwan region for reference and by adopting method of comparative analysis. And legislative suggestions are made on such aspects on the sequence of preference in case priority right on the fund of construction project in our country and mortgage rights contend against each other or jointly operate, nature and preservation method of priority right on the fund of construction project.