Building Business Contract Between A Bureau Of Quality And Technology Supervision And A Real Estate Company

At the phase of the subscription of contract, because of the both parties violatesthe mandatory provisions of any law and administrative regulation that lead to theinvalidation of the contract, thus caused the losses of the counterpart’s interests whichcome from ounterpart’s rational expectations. Right now in our country, there exist nolaws or regulations specifically stipulate how to handle this case but only describesthe claim and relieve in general terms, For example, under the Article58of ContactLaw (Remedies in Case of Invalidation or Cancellation), and Article42(Pre-contractLiabilities). These vague Describe cause it is difficult for the Court to deal with theseissues which related to. Besides, not only the definition of the phase of thesubscription of contract in existing contract law is unclear, but also how to judge whoshould be responsible for trust responsibility is difficult. With the progress of TheTimes,Theexisting trust benefits protection concept has been out of use,discussion and explore the connotation of the trusty interest in the more general level and perfect the trusty interest protection mechanism is very necessary.The Sample case is a typicalcases involves contracting negligence liability and trust benefits losing, which isjudged by Anhui high court, and it is caused by the failure of contract because ofadministrative allocation of land in a real estate company. This case has four disputesfocus: firstly,if the contract is Invalid or not in this case; secondly, the Invalidcontract is apply to the contracting negligence liability or not; thirdly, the caseresponsibility is include the trust profit loss or not; the last, how to determine thecompensation extent. Based on the fact that the court and the current law, it will berecognized as invalid contract when it is violate of mandatory norms.While it will notbe recognized as invalid contract if the contract is only violation of the managerialstandard. It is applicable for contracting negligence liability when it meet fourconditions. Specific for the following four aspects: the first, contracting partiesviolate the obligations under a contract; the second, the parties who violate theobligations must have fault; the third, the other party been damaged; the last, thereexist causal relationship between the violations and damage. Because of the offenderand victims have their own different views to the responsibility caused by the relianceinterest damage. So, confirming the compensation standards must consider the bothsides have subjectively fault or not. In addition, the scope of the compensation should not be confined to perform interest category, it should be according to the degree ofsubjective fault to estimate the compensate.