执行法院依其他债权人的申请，对发包人的建设工程强制执行，承包人向执行法院主张其享有建设工程价款优先受偿权且未超过除斥期间的，视为承包人依法行使了建设工程价款优先受偿权。发包人以承包人起诉时行使建设工程价款优先受偿权超过除斥期间为由进行抗辩的，人民法院不予支持。Key Points of
RulingThe execution court implemented forcible execution to the construction of the contract issuing party by the request and application of other creditors of the contract issuing party, the contractor of the construction claimed construction priority right of compensation to the execution court without exceeding the scheduled period which should deemed that the contractor of the construction exercised the construction priority rights of compensation in accordance with law. The construction contract issuing party contradicted that when filing the action the contractor of construction exceeded the scheduled period for exercising the construction priority rights of compensation, the people's court should not support accordingly.
