Research On Several Legal Issues Of Construction Contract

As an important part of the food,clothing and housing industry-"residence" is the foundation of the founding of the country.The development of the construction industry is closely related to our lives.There are many legal blank areas in the existing construction contract.The construction project contracting process is more complicated and difficult to handle.The construction market is in a disorderly operation order.The construction project contracting cases are complicated.The actual situation of different cases is different.The judgments of various local courts Different methods,the judgment results of similar cases are quite different,and it is often difficult to convince the public,indicating that the applicability of the law is poor.Therefore,it is necessary to thoroughly analyze and study the construction project contract,improve the corresponding laws and regulations as soon as possible,and solve the corresponding legal problems as soon as possible.The author analyzes and studies the corresponding laws and regulations of construction engineering contracts,in-depth study and study of the "Contract Law of the People's Republic of China" and related judicial interpretations,in-depth analysis of the classic dispute cases of many construction contracts,summing up the legal issues of construction contracts,the study of this paper The content is as follows.The first chapter starts from the background of the actual constructor's rights,and takes the 26 th article of judicial interpretation as the entrance.Through the elaboration of Article 26 of the judicial interpretation and its background,the case is drawn to define the scope of the actual constructor's claim..Analyze and study thescope and definition criteria of the construction contract.After in-depth analysis of the judicial cases of the validity of the construction contract,determine the criteria for subcontracting and subcontracting,analyze and study the circumstances under which the construction contract can be judged to be invalid,and compare and analyze these situations,and put forward opinions and suggestions.The second chapter analyzes the qualified conditions based on the scope of the actual constructor's claim,and explores the impact of subcontracting and subcontracting on the actual construction personnel's relief route from the identification of subcontracting and subcontracting.The third chapter mainly analyzes the research project claims.Through a large number of cases,the author deeply understands the understanding of Article 26 of judicial interpretation,combines judicial practice with academic analysis,and deeply explores and studies the problems of engineering funds.The fourth chapter mainly analyzes and studies the applicable provisions of the construction contract and the scope of judicial interpretation.Starting from the judicial interpretation of the invalid contract,the issue of the settlement of the contract in the case of invalidity of the contract,the issue of the insured quality of the contract and the issue of the quality of the contract are discussed separately.The fifth chapter makes a simple evaluation of Article 26 of the judicial interpretation throughout the paper and puts forward its own views.The process of construction project construction contract cases is complicated and difficult to handle,and there are many legal blank areas.The author hopes that with a shallow discussion,the theory can be combined with practice,and the disputes related to the construction contract can be more accurately grasped.To the legislature to improve the law,the judicial application of construction contracts and the vigorous development of the construction industry.