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很多学者、法官、律师就建设工程价款优先受偿权的法律适用问题都有论述,但随着实务中不断出现的纷繁复杂的新问题,还有很多问题需要我们去探讨。本文将关于建设工程价款优先受偿权的法律、司法解释、最高院的会议纪要以及各地高院出台的意见、解答、指南等进行梳理,将适用中经常出现的争议较大的几个问题进行汇总,以法律和司法解释的规定为根本,对这些问题进行分析解读,总结出与立法本意相一致的适用规则,期望能对司法实务工作者有所助益。
Many scholars, judges and lawyers have discussed the application of laws on the priority of construction projects. However, with the complicated and complicated new problems constantly emerging in practice, there are still many problems that we need to explore. This article will be on the construction project priority claim for compensation of the law, judicial interpretation, the Supreme Court meeting minutes, as well as opinions, answers, guidance issued by the High Court around the more frequently used in the issue of the larger controversial issues Based on the legal and judicial interpretations, this article analyzes and interprets these problems and sums up the applicable rules in conformity with the legislative intention. It is hoped that it will be helpful to the judicial practitioners.