Research On The Validity Of Black-White Construction Contracts

This paper mainly researches on the legal validity of black-white contracts in construction.In chapter 1,there is some case statistics about the overall situation of black-white contracts dispute in judicial practice.In different from general construction contracts dispute,these cases usually focus on contract effectiveness and settlement basis.Summed up,there are three typical referee differences in the judicial practice :the black-white contracts before the bidding ?the black-white contracts after the bidding and the untypical black-white contracts.In chapter 2,it mainly discusses the existing legal provisions and defects.According to the specific law on black-white contracts,and analyzes their practical difficulties in solving black-white contracts effectiveness,it is concluded that the legal validity of the black-white contracts is an unresolved problem in the current legal framework.In addition to the defects of current legal provisions,unclear understanding of the nature of the black-white contract is also the cause.Whereas black-white contracts involving both freedom of contract and national regulation,in chapter 3,it references Veiled expression and Mandatory rules theory to conclude several basic principles about the effect of black-white contracts.Finally,based on the three chapters in front,in chapter 4,this article puts forward the specific measures to settle the legal validity of black-white contracts in construction.Fist,White contract is invalid what shall not be a defense against a third person in good faith.Second,Black contract shall be judged according to legal recognition alone...