The Freedom of Disposal of the Priority Right to Compensation by the Construction Contractor
As to whether the construction contractor can dispose the priority right to compensation,the"prohi-bition of disposal"argument holds that such right is a legal right and that the construction market is a buyer's market,but it cannot prove the reasonableness of prohibiting the contractor from giving up the priority right to compensation due to the disconnection between the arguments and the thesis.The"restriction on disposal"argument restricts contractors from waiving their priority right to compensation on the grounds of protecting the wages of construction workers.However,the priority right to compensation based on the protection of workers'wages will not only impact on the security of transactions,the right to cancellation system and the consumer protection system,but will also lead to the contractors who have already waived the priority right to compensa-tion to make the reverse choice of defaulting on payment of wages.From the perspective of the institutional function of the priority right to compensation,it is not directly related to workers'wages,but only has the con-tingency of indirectly promoting the protection of workers'wage payment.In terms of its theoretical basis,the priority right to compensation from the"value-added theory",is the establishment of the contractor's interest protection system based on the principle of fairness.Therefore,as a civil property right for the benefit of the contractor,the contractor has the right to dispose of it freely.
the priority right to compensationthe interest of construction workersthe interest of construction contractorsvalue-added theory
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