Exploration On The Protection Of The Rights And Interests Of The Actual Constructor

In the construction field in our country, there are a variety of subjects of legal relationship. For violating of the prohibitive provisions of the law, the construction contract of a subject signed is invalid, and this have a negative impact on the protection of the rights and interests of it. The subject is called “Actual Constructor” in the judicial interpretation by the Supreme People’s Court promulgated. A large number of actual constructors exist in the construction industry in our country, so how to protect the rights and interests of the actual constructor? In this paper, the basis of the right to claim,that “who claim what right to who by what legal norms?”, is applied to analyze how to protect the rights and interests of the actual constructor, namely the actual constructor claim what right to the contractor or the developer by what legal norms?After the construction contract was deemed invalid, the actual constructor can not claim the contract creditor’s rights to the contractor according to the contract. He can only claim the creditor’s rights of the invalid contract to the contractor on the basis of article 58 of the Contract Law, that the right of claiming for return of property(or claiming for compensation) and the right of claiming for damages. When the contractor loses the ability to pay debts, the actual constructor can skip over the contractor and claim the right of subrogation to the developer, on the basis of article 73 of the Contract Law and article 26 of the judicial interpretation by the Supreme People’s Court.