The Analyse Of A Case With A Sale S Contract About A Construction And Installation Company With A Company Of Concrete

At present, the project system has become an important system in the field ofconstruction in China. Project department is a temporary construction enterprises tocomplete a project task management agencies, so it cannot serve as the main body oflegal liability in practice, it do not have the qualification of litigation or arbitration inlitigation or arbitration.But in practice, construction enterprises established in theproject department and appointed sighed,the project tend to own or constructioncompanies on behalf of various contracts signed, or they sighed or using a loophole inthe construction enterprise management in the name of the project department isengaged in the related activities, the contract signing,resulting in the occurrence of avariety of disputes to the construction enterprise legal risk.How to determine the validity of the contract signed by the Ministry of projectsneed proxy permissions and content of the specific analysis of the project department.If the contract signed by the Ministry of the project without the explicit authorizationof the construction enterprises have been legally undetermined effect behavior, Ifconstruction enterprises have a clear mandate to the contract between the constructionenterprise legally binding, the construction enterprises to bear the corresponding legalresponsibility.The widespread view of the anchored in the field of construction, theconstruction enterprises should strengthen the review of the affiliated person, to beclear and specific agent authority to sign a management contract, legal means tostrengthen the supervision and management of the project department.In practice, it is necessary to strictly control the project agent behavior strictly，strict distinction between unauthorized agency and agency by estoppel in legal，safeguard the legitimate rights and interests of the enterprises of the construction.