The Effectiveness Of The Contract For Construction Project Research

This paper starts with the legal principle of the contract effectiveness, makes the analysis of the establishment and effective of the construction contract and the confirmation of the validity of the contract. According to the "contract law", "the Supreme People’s Court on the trial of construction contract dispute case applicable legal issues", "the Supreme People’s Court on the application of the contract law of the people’s Republic of China"(two), guidance on the trial of construction project contract around the high court, court issued. This paper introduces the present situation of the legislation of the construction contract effectiveness in China. The typical invalid construction contract in the field of construction contract in China is summarized, such as: The contractor without obtaining qualification of construction enterprises or beyond the level of qualification, borrow the qualification level of the construction, illegal subcontracting, illegal subcontracting and four cases. Thenwe analyze the confusion of the constructioncontract effectiveness of the judicial practice. 1. Mistaking of the case of facts and the confirmation of the main body of the case error; 2. The legal evaluation is difficult;3.The evidence that the audit is complex;4. The case of the trial period is long; 5.Violation of the mandatory provisions of mandatory or management mandatory provisions difficult to define.The legal treatment of the construction contract is invalid, in addition to the general handling of invalid contract, there are five special treatments, they are:On the completion of the acceptance of the construction project with the reference to the contract payment of the project price; the repair is still not qualified, the employer has the right to pay the price of the project; the fault compensation; the illegal income obtained by the parties, and lastly, The legislation and judicial interpretation of the strengthening of the invalid contract are put forward, and bidding in accordance with the law shall carry out the Engineering Subcontract, resist the Engineering Subcontract, unified construction project contract is null and void the legal consequences of judicial suggestions This paper offer a useful attempt to find the appropriate criteria for judging the validity of the contract.