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为规范《合同法》第286条确立的工程价款优先受偿权,最高人民法院作出了《关于建设工程价款优先受偿权问题的批复》,但各地人民法院在执行批复过程中遇到许多问题。由于法院对这些问题的理解和认识不同,出现了“同案不同判”的现象,不利于维护司法权威和保障施工企业的合法利益。本文将着重探讨工程价款优先受偿权在实践和理论中存在的诸多问题,以期找到问题解决方式。
In order to regulate the priority of compensation for the project price established in Article 286 of the Contract Law, the Supreme People’s Court made the Reply on Priority Compensation of Construction Costs, but the people’s courts in various places have encountered many problems during the process of their approval . Due to the different comprehension and cognition of these issues by the courts, the phenomenon of “same sentence and different decisions” has appeared, which is not conducive to safeguarding judicial authority and guaranteeing the legitimate interests of construction enterprises. This article will focus on discussing many problems that exist in the practice and theory of the priority of repayment of project price, with a view to finding a solution to the problem.