Research On The Payment Of Project Price About The Invalid Constraction Contracts

Construction contract is a continuing contract with a long performance term.In order to improve litigation efficiency and unify judicial standards,the judges adopt a Convenient and efficient Approach like refer to the contract under the invalid continuing contract.The Supreme People 's Court on interpretation Construction Contract Disputes of legal issues Article 2: "Construction Contract is invalid,but the construction project after the final acceptance,the Contractor requests payment under the contract reference price should be supported." There are different approaches to apply the appropriate laws and regulations over different courts in cases about invalid construction contract,leading to similar cases of different judgments.The practice of referring to the contract is a mitigation of consequence in the invalid constraction contract,a result to measure individual freedom and public Interest.However,the adoption of Article 2 leads to the payment According to invalid contract and chaos in the construction market.Therefore,This article is intended to find a better approach to make the payment of project price about the invalid constraction contracts more reasonable and fair.This article consists of four parts.The first part frankly raises the defect of Article 2,leading to the supplement of different high courts and Divergence in judicial practice.In judicial practice,judges use different ways such as according to the full invalid contract?the part of the invalid contract and the concrete situation.In the cases of according to the full invalid contract,the range is not unified.How to define payment range of project price about the invalid constraction contracts has become urgent,and important issues must be addressed.The second part is to explore the payment range according to invalid contract and the exception on the basis of the former.This part reaches the conclusion of according to the settlement agreement,Interest terms,the pricing methods related to the project price.Contrary to this,it is unreasonable to accord to profit,the payment conditions and the breach of contract.On the basis of the former,this part discusses four situations which should accord to the concrete situation and can not according to the invalid contract.The third part is to explore the jurisprudence basis.The legal consequences of invalid constraction contracts include restitution of property,discount compensation and indemnity of loss.With respect to the criterion of discount compensation,there are subjective and objective theory,which are a little blunt.This part ameliorates the theory by learning from the scope of restitution in unjust enrichment when the original thing can be restituted.In other words,this part will distinguish the criterion of discount compensation by subjective state.The forth part is to explore how to pay project price according to the concrete situation.Its center is benefits of the beneficiaries and the loss of the impaired people.The loss of the contractors is the happening construction cost.The benefits of employers are determined by objective transaction value according to the market price.On the basis of discount compensation,this part conclude judgment rules and the amount of money of losses caused by idling of the labour force and Interest on arrears which are petitions lodged by litigants frequently.The fifth part intends to summarize the paper and logic structure.The logic structure is the defect of Article 2——the payment range according to invalid contract——the stuations according to the concrete situation——how to pay project price according to the concrete situation.