Study On The Payment Problem Of Invalid Construction Contract Of The Reference

In the real estate market,construction disputes is growing with the economic development so fast.the payment and settlement of the problemof the inalid contract is most significant, because of its relationship to both the interests of the client, and involve the contractor, and the construction of the actual benefit protection. When the project construction contract is invalid, due to the difficulty in judicial practice how to solve the settlement problem become more and more popular. "Judicial explanation for construction project" elaboration and explains the original "contract law" and "general principles of the civil law" regulation, some construction project contract settlement provides the basis, but it isn’t applicable,there are still many problems worth to analysis especially in practice.The first part of this paper the author introduces the judicial interpretation of history, comparison and analysis from the"economic contract law" to the general principles of the "civil law", "contract law", "judicial interpretation draft for construction project", and the formal judicial explanation acording of them. Understand the reason of these changes and the purpose based on these laws, through the analysis of changes to illustrate the invalid construction contract "with reference to the contract" the theoretical basis of the settlement.The second part summarize the current judicial practice.The author founds that in the main processing of invalid construction contract settlement,"reference to the contract" has become increasingly adopted by the court settlement, only in a few cases apply to any other way. And about the reason why to adopt "with reference to the contract" settlement, the author analyzed about the question and affirmation, although " reference to the contract" has its rationality, should be regarded it as a special way of handling invalid discount compensation, it does not violate the relevant law and the principle of law in fact.In this paper, the third part, the author aimed at an applicable scope "with reference to the contract" as well as the reference is to make a detailed explanation and illustration, to clarify the differences between the "with reference to the contract", put forward to improve the settlement proposal with reference to the contract, and to achieve a more proper way.In the end of this paper, the author briefly summarizes the full text, the main point of the proposed, to expect in the future work of learning, we should seek to maintain a new way for the social and public interests and social morality, and by extension.