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On Civil Liability Of The Construction Of Building Alongside

Posted on:2009-04-11Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
GTID:2166360275481547Subject:Law
Abstract/Summary:PDF Full Text Request
By analyzing those cases concerning building project accepted by Lawcourt of Wulin Changde during recent five years,it is realized that attached bodies appeared wilderspead in the field of building construction. That is to say, Some units or individuals with appropriate certificate have those without certificates become their attached party and undertake projects in their capacity by having their certificates for hire or collecting management experses. As a result, the cases arise when the attached party are beavily in debt without two parties bearing legal liability. This illegal relationships in building construction somehow stir up contract disputes such as buying and selling nongovernmental borrowing and lending money,service,labor service,processing, Accommodates alongside the human with to accommodate alongside the artificial chase illegal benefit, has contract award power individual or the unit uses temporarily as the contract award does seeks the benefit the important means that the overseeing unit to accommodates alongside the Construction supervision to lack dynamics, the administration Department responsible for the work does not take, is accommodated alongside the unit to the legal liability understanding which accommodates alongside brings to be insufficient, these are the reasons which the construction accommodates alongside is in vogue. Causes the construction to accommodate alongside the construction case civil liability the reason to include: The construction turn-key contract falls behind the project funds dispute, the building construction quality dispute, the contract of sales dispute, the folk to lend money the dispute, the processing to contract the contract dispute, the commercial housing contract of sales dispute, the property damage compensation dispute, the person damage compensate dispute. In the judicial practice, to accommodates alongside the person behavior the law qualitative to have many kinds of understanding: The proxy behavior, the table see the proxy behavior, the duty behavior, the personal behavior, to abuse the company status of legal person behavior, to borrow the behavior, the trust behavior. being in arrears with project payment and quality problems. It put forward an idea in this paper that two parties in these cases are supposed to bear joint legal liability to clear up debts, for their behaviors violate principle of trustworthiness. Therefor, law making is supposed to protect the legitimate right of those being injuried by breaking the relativity principle...
Keywords/Search Tags:The construction accommodates alongside, Illustrative case, Contract relativity, Joint and several liability
PDF Full Text Request
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