Determination Of Invalid Building Construction Contract And Analysis Of The Legal Consequence

As a pillar industry of the national economy,the construction industry plays an important role in transferring rural labor and promoting social and economic development.In recent years,construction contract disputes caused by construction projects have been increasing year by year.More and more new types of cases,increasing number of cases involving the case,and new cases of new cases have brought new challenges to judicial trials.In the judicial trial,first of all,it is often disputed whether the rural self-built house contract,decoration contract,etc.belong to the construction project construction contract or the contract contract.The legal basis for the application is different due to the different qualitative nature of the contract,which makes the judgment result of the case very different.Secondly,the contract After being identified as a construction project construction contract,there will be differences in the validity of the relevant construction contracts.Although the judicial interpretation stipulates part of the invalidity of the construction contract,but in the case where the law does not stipulate,such as black and white contract,how to determine the validity of the construction contract;finally,if the construction contract is valid,the judge can make a judgment according to the effective construction contract.However,the construction contract is deemed invalid,and the terms of construction period,project quality,project price and other relevant contents of the construction contract cannot be applied,and how to deal with disputes arising from construction period,project quality,project price,and project arrears interest.The author will stand on the court's standpoint,from the perspective of the judge,uphold the fair and just attitude,explain the qualitative and invalid situation of the construction project contract and the corresponding legal consequences,trying to judge the invalid construction project for the judge.Provide ideas for contracts and related disputes.The body content is divided into three chapters:The first chapter is an overview of the construction contract for construction.Firstly,the concept,nature and constituent elements of the construction project construction contract are analyzed,and then the conditions for establishing the construction project construction contract are judged.Secondly,the construction project construction contract is compared with the contract contract to find out their commonalities and differences.Therefore,whether a contract belongs to a construction project construction contract or a contract contract can be accurately characterized.The second chapter is about the identification and main situation of the invalidity of the construction contract.First of all,the premise of the invalidity of the construction contract is that the construction contract has been established,so it is necessary to distinguish between the establishment of the contract and the validity of the contract.Secondly,the basic theory of the invalid contract is analyzed,including the concept,characteristics and legal situation of the invalid contract,and is summarized.The construction contract is deemed to be invalid legal basis;finally,according to the characteristics of the construction contract,the six statutory situations in which the construction contract is invalid are elaborated,and whether the relevant situation will lead to the invalidity of the construction contract is also summarized.The impact of the project planning permit and the failure to obtain the construction project construction permit on the effectiveness of the construction contract;in addition,the common situation of the invalid construction contract is also analyzed,such as the construction contract below the cost price and the construction enterprise without the labor operation qualification.Construction contract.The third chapter is the legal consequences of invalid construction contract.The main contents of the construction contract include construction period,project quality,project price and other terms.In the case of invalid construction contract,these terms are no longer applicable.The author's claim for construction period,engineering quality dispute,project arrears and interest due to these terms.How to deal with disputes and put forward your own opinions.In addition,although the judicial interpretation gives the actual constructor the right to recourse for construction,the purpose is to protect the legitimate rights and interests of migrant workers,but there is no legal provision for the concept,characteristics and scope of the actual construction person.The author will refer to this from the perspective of judicial practice and explain it.