The Study Of The Termination To The Contract Of The Constructive Project

As one unique category of the fifteen ones listed in the Contract Law, The Contract of Constructive Project covers the Contract of the reconnaissance and Design of Project, the Contract of the Construction of Project and the Contract of the Supervision of Constructive Project. However, each Contract of Constructive Project features itself with different and particular reasons, conditions, consequences, enforcement and limitation in reconnaissance. Besides, due to various reasons in reconnaissance, some peculiar ways to carry out them have also appeared in both the Partly Termination of the Constructive Project which covers the Civil Project, the Mainstay Project and the Decoration Project and in the Termination to the Related Contract of the Constructive Project which embodies the Contract of the loaning in the Constructive Project, the Contract of Project Resource, the Modification Between the Proprietor and the Constructor and so on.Practically, numerous issues, originated from varied causes, happened. But on the contrary, the Contract Law of our nation has simply done some principle regulations on it, only to leaving insufficient standard basis for judicial judgment. In the meanwhile, with the development of our construction industry and the improvement in the construction market, the Chinese construction market, especially since China's entry to the WTO, is destined to be more standardized and globalize, and more attention will be attached to system of the Termination to the Contract of the Constructive Project. In order to gain the most economic benefit and to better protect the interests of the both parties listed in the contract, the world, including China, has been realizing the importance of the research and regulation of the Termination to the Contract of the Constructive Project. Thus, I render it is rather necessary to make a specific and detailed rule on the Termination to the Contract of the Constructive Project to better protect the interest of the party with the contract and defend the stability of the economic sequence of the society.So, this article, initially started form the terms and account of the Contract of the Constructive Project and then combined with the principle regulation no the Termination to the Contract of the Constructive Project written in the Contract Law of China and with the foreign legislature on it, undertakes an overall and comprehensive analysis on its conception, characteristic, types and conditions and causes of termination, process and effect. Afterwards, it gathers the characteristics and reasons of these three branch categories, namely the Contract of the reconnaissance and Design of Project, the Contract of the Construction of Project and the Contract of the Supervision of Constructive Project, takes a closer look at the related problems when terminating and provides suggestion on the solutions after termination. Next, it analyzes and discusses the situation of termination with the different reasons for termination from the Partly Termination to the Contract of the Constructive Project and the Termination to the Related Contract of the Constructive Project, and raises up practical solutions. Consequently, it concludes the value of the study on the system of the Termination to the Contract of the Constructive Project.