Legal Analysis On The Breakthrough Of Contract Relativity In Construction Engineering Field

The field of contract law is based on the principle of contract relativity,with the exception of breaking through the contract relativity.As to which cases can break through the contract relativity,most countries do not have a unified view,but the legal circle agreed that the contract relativity breakthrough boundary should be cautious.The Construction engineering field of our country has also made a breakthrough to the contract relativity,the main content is that the actual construction party in the construction project can break through the relativity of the construction contract and directly exercise the contractual rights to the employer without the contract relationship.This content is reflected in the provisions of Article 26 of < the Interpretation of the Supreme People's Court on the application of legal issues in the trial of construction contract disputes(i)> and he provisions of Article 24 of < the Interpretation of the Supreme People's Court on the application of legal issues in the trial of construction contract disputes(ii)>.But the boundary of breaking through the contract relativity has not been determined,the practice has been wantonly expanded by the judicial organs,contrary to the original intention of the legislation,which has given rise to new problems.This paper mainly uses the methods of case analysis,the comparative study and so on,and takes the provisions of Article 26 of < judicial interpretation(i)> and the provisions of Article 24 of < judicial Interpretation(ii)> as the foothold,the author analyzes the necessity of breaking through the contract relativity in the field of construction engineering,reinterprets the content of breaking through the contract relativity in < judicial interpretation(i)> and < judicial Interpretation(ii)>,analyzes the problems caused by breaking through the contract relativity in the field of construction engineering,probes into the breakthrough boundary of contract relativity,and puts forward some suggestions to solve the problem by breaking through the contract relativity.