The determination of the assignee's priority is divided into three situations:
1. If the creditor's rights are transferred for many times, the assignee who has fulfilled the notice has priority over other assignees who have not fulfilled the notice;
2. When the creditor's rights are transferred for many times, the notification obligation has been fulfilled. At this time, the priority of the transferee should be determined in the time sequence of the performance of the notification obligation;
3. Failing to fulfill the notification obligation when the creditor's rights are transferred for many times:
(1) If the debtor has actually performed to the assignee, the assignee has the right to assign the creditor's rights;
(2) Neither the debtor nor the assignee has actually performed it.
The applicable conditions of priority are as follows:
1, the main body, generally limited to the construction project survey, design and construction contractors within the scope of the project cost, excluding the project supervision units that provide technical services and the materials and equipment suppliers that belong to the sales contract relationship.
2. As far as the object is concerned, the contractor can only exercise the priority right of compensation for the construction project contracted by him and the unpaid project price by the employer, including the construction project independently completed, participated in or agreed by the contractor, excluding other construction project prices undertaken by the contractor and unpaid by the employer for other reasons.
3, the scope of compensation, the scope of exercising the right of priority compensation for the project price is not the whole of the construction project price, but only the actual expenses incurred by the contractor for contracting the project, including personnel remuneration, materials, machinery shift fees, various taxes and fees, etc.
4. Time limit for compensation: The time limit for the contractor of the construction project to exercise the preemptive right is 6 months, counting from the date of completion of the construction project or the completion agreed in the construction project contract.
To sum up, the mortgage has the priority to be repaid, that is, when the mortgaged debt expires, if the mortgagor fails to fulfill the obligation to repay the debt on time, then the mortgagor has the right to dispose of the mortgaged property according to law, and the price obtained from it is used as debt repayment, and the part of the price exceeding the debt is still owned by the mortgagor.
Legal basis:
Article 409 of the Civil Code of People's Republic of China (PRC)
The mortgagee may give up the mortgage or the sequence of the mortgage. The mortgagee and the mortgagor may agree to change the mortgage order and the amount of secured creditor's rights. However, without the written consent of other mortgagees, the change of mortgage right shall not adversely affect other mortgagees.
If the debtor mortgages his own property, and the mortgagee abandons the mortgage, the mortgage order or changes the mortgage, other guarantors shall be exempted from the guarantee liability within the scope of the mortgagee's loss of priority rights, except that other guarantors promise to still provide the guarantee.