Study On Legal Issues Of International Engineering Contract Termination Under FIDIC Contract Condition

Contract Termination is one of the major risks faced by Chinese companies when they implementing international engineering project,this paper bases on FIDIC contract condition which has been widely applied on international engineering project,studies on the legal issues of contract termination,and discusses the application on practice for Chinese companies.In this paper,starting from the legal attribute of FIDIC contract condition,the nature of FIDIC contract condition is summarized as the international application of standard contract for construction engineering project,and it's the features of contract law internationalization,then FIDIC contract condition set up its connection to general contract condition.Regarding to the legal nature of FIDIC,this paper uses other researcher's views,which regard FIDIC as contractual international practice,then it discusses the legal effect and scope of application of FIDIC contract condition.In order to discuss the contract termination under FIDIC contract condition,this paper uses the general to specific method,starting from general contract,discusses the principal of contract termination,distinguishes the concept of contract termination and contract cancellation,determines the force of termination under FIDIC contract condition only taking effectiveness in future,as well as,discusses the reason,procedure and consequence of contract termination.In the basis of general discussion,this paper bases on FIDIC silver book,concludes the contract termination clauses from employer's termination,contractor's termination and termination due to force majeure,and discusses related legal issues.At the last of this paper,it discusses how Chinese companies could apply contract termination clauses on practice,from how to avoid contract termination to how to terminate contract proactive,it's a process from negativity to positivity and from passive to active.Hope the study in this paper can deepen our understanding on the contract termination under FIDIC contract condition,get a better grasp of the contract condition,then apply it on practice.