On The Path Of The Affiliate Claiming The Right To Claim Project Funds

In the Construction engineering aera,the affiliated behavior prohibited by law,makes the affiliated agreement and the construction contract invalid.However,the law only provides a prohibition on attachment and avoids whether the client can claim project payment to the developer.In practice,due to legal avoidance,there are different opinions on the right basis of the client when claiming project payment.Article 2 of the Interpretation of the Supreme People's Court on Certain Issues Concerning the Application of Law in the Trial of Cases Involving Projects Construction Contract Disputes(hereinafter referred to as "Interpretation")gives the contractor in an invalid construction contract the right to claim the project payment stipulated in the contract after the project passes the acceptance inspection.Article 26 gives actual construction to people who advocates the rights of the payment to the developer at the same time,but it's not limited to actual construction people,did not explain the litigation right foundation,either,which results in the theory and practice has a different point of view.There are the theory of factual contract,the contract relativity weakened,fault and subrogation.On February 1,2019,Interpretation of the Supreme People's Court on Issues concerning the Application of Law in the Trial of Cases Regarding Disputes over Construction Contracts for Construction Projects(ii)(hereinafter referred to as "Interpretation ii")came into force.Article 24 of the interpretation ii establishes the subrogation right as the basis for the claim of the actual builder to the developer.Under the premise that the legal provisions do not specify whether the actual construction person mentioned aboveincludes the affiliated person,whether the affiliated person can apply the litigation right of the actual construction person in " Interpretation" and " Interpretation ii " to claim the project payment to the developer,that is a question.In order to solve the program,this article,retrieve and analyze the cases about that the client claim the project payment.In addition to the right of subrogation,the factual contract is also a basis of right,so in this paper,the factual contract and the components of the subrogation are analyzed,concluded whether the affiliated person can apply for the factual contract and subrogation,and under what circumstances they can apply for.First of all,the actual construction person is the construction person of the invalid construction project construction contract,so the affiliated person is the actual construction person in " Interpretation" and " Interpretation ii".Secondly,the two basis of right as applicable in practice,the factual contract,that is a theory in the theoretical circle,was highly controversial.China did not adopt the theory in contract law.Only " agreement of meaning " can set up the contract.The factual contract used in the court,in fact,is the contract that lack written documents in our country's contract law system.The contract's conclusion must need agreement of meaning between the developer and the client,so the factual contract is established under the condition of limited.For subrogation,although the court will reference article 24 of the " Interpretation ii " to clarify,but if the subrogation can apply for it,depends on whether the fact meets the conditions of subrogation.Under the premise of meet the requirements of subrogation,the client can claim the project payment.