Theory Of The Contract’s Law Responsibility Assume About The Construction Affiliated Business

From point of actual condition at present, although our country warned time and again to ban the construction call, if only the construction work has no problem, and the project works well,the anchored cooperation will be a good choice no matter for which part of cooperation. We are in the age of construction call, and if it occurs some problems to assess blame, the different places of our country have different standards to bear responsibility, so that the same case always has different results. A prosecution case in zhong jiao,which one limited company sues one Engineerin g Company Limited in Fu Qing Jia Sheng for returning the excess working pay and the money they helped to pay exists the dispute that if Mr.Chen has a construction call relationship with the applied one, and if a series of clauses( “ The Subcontracting Contract” “ The Subcontracting Agreement” “ The Out Promise Agreement”)take effect,and if the one who was applied undertakes the law responsibility completely. Mr.Chen has a construction call relationship with the applied one, and “ The Subcontracting Contract”was signed by basing on this relationship is an invalid contract,and the continued contract “ The Out Promise Agreement” for terminating the “ The Subcontracting Contract” is also invalid. “ The Subcontracting Agreement” is also invalid because of one signed part has not the subject qualification to undertake the project. Although the law is invalid,depend on our country law ’ s related rules, we can judge the problem according to the rights and obligations in the contract.This case is issued by arbitral tribunal,which regard “ The Subcontracting Contract” as the basis of the rights and obligation,and judged the applied one to bear the returning of the excess working pay and the money applicants helped to pay.The arbitral tribunal ’ s judgement confused the excess working pay and the insteading paied debt money without figuring out the law relationship related this two points, and the judgement that the applied one bear the total law responsibility is also incorrect.