Research On The Difficult Problems Of Actual Construction Personnel Renting External Building Equipment

At present,the construction market is in disorder,for the actual construction of foreign construction equipment leasing problems in the judicial practice due to the understanding of different treatment methods are also different,this problem has very important practical significance to research and analysis.This paper selects three real sample cases,that is,the actual constructor or in his own name or in the name of the contractor to lease the construction equipment,the court according to the principle of privity of contract or the act of duty or apparent agency judgment,the actual constructor or contractor is responsible.Then,according to three sample cases,the focus of dispute case is mainly how to define the actual constructor,whether it should break through the principle of privity of contract,and how to determine the actual constructor’s right of agency.In the actual construction of the standard of identification,mainly from the actual construction of the legal characteristics of the actual construction of the scope of the person to define the two aspects.In the aspect of privity of contract,first from the specific case to analyze the detailed process of breakthrough of the relativity of contract,and then makes a detailed introduction of the cause and effect of contract breakthrough of contract relativity,mainly from the four aspects,respectively is: China’s special national conditions and policies to protect the contractor has fault,contract the infringement of creditor’s rights,the supplier contractor from the actual benefit.How to determine the actual construction of the agency problem from the actual construction of foreign contract status,the relationship of actual construction and the actual construction contractor and whether the apparent agency communication and other aspects of the detailed analysis.Finally,the problems in equipment leasing firstly in the actual construction of clearly defined,the actual construction in after the signing of a lease contract,all legal liability principle should undertake the contract;contract firms because of the actual construction of the apparent agency or duties and shall bear the corresponding legal responsibility should belong to the exception and supplement.Must be strictly identified duty conduct and apparent agency.At the same time,the author gives a clear view of how to strictly identify the job or the agent.