A Legal Analysis On The Invalid Construction Contract Of Construction Project

Today, the field of real estate development is rapid, theconstruction market is booming, the construction contract isinvalid due to the dispute caused rising trend. This type ofcontract is null and void the subject, causes of invalidcontract is complex, involving object is broad, the contractnull and void after clearing interest relates to theengineering, processing multiple legal relationship. Correctunderstanding and application of the construction projectconstruction contract invalidation system, to maintain theparties of construction contract in the interests of theparties, promote the orderly，healthy development of theconstruction industry, have a significant impact to maintainsocial fairness and justice.In this paper, in order to "the people’s Republic of ChinaContract Law of the people’s Republic of China","constructionlaw","Supreme People’s Court on the trial of the constructioncontract dispute case applicable legal issues ofinterpretation" and other relevant provisions modeled, in thelegislation comparison of various countries and China’sjudicial practice on the basis of the relevant provisions,discrimination of my views law and theory, analysis of China’s construction contract is invalid the pros and cons of theexistence of the system, and puts forward some personalopinions on the development and perfection of this system. Thefull text is divided into three chapters.The first chapter is about the basic theory and empiricalcontent of construction contract invalid analysis. Summarizedthe concept and nature of the construction contract. Analysisof the theoretical basis of the construction of the contract,the several cases of construction contract invalid, put forwardopinions and suggestions for the advantages and disadvantagesof several cases and invalid construction contract exists.The second chapter is about the legal consequences of theconstruction contract invalid analysis. Discusses theconstruction project construction contract invalid underdifferent circumstances of the settlement of the works，engineering clearing process principle of change ofcircumstances applicable to the issue, and the contract nulland void after the project loan interest treatment.The third chapter mainly discusses the other problemsinvolved in the invalid construction contract. Throughcomparison of various countries, legislative provisions areacombined with the relevant provisions of China, analyzes the priority of claim in construction contract invalid applicationproblems in.Analysis of the problem of invalid assume warrantyresponsibility construction contract in the. Been thinkingwhile protecting the rights to the actual constructionproblems.The contract is invalid problem has been the predecessorsresearch is quite deep, but about the construction contractinvalid problem because of professional of the complexity inthe application of the law, and in judicial practice is notperfect. I hope that through his shallow discuss, can make thepractice, on the construction contract invalid problems canhave more accurate and in-depth grasp, which is revised toimprove the relevant provisions of the relevant departments,judicial departments of unified law enforcement, the healthydevelopment of the construction industry.