| Article 2 of the Supreme People’s Court Interpretation on Applicable Legal Issues in the Trial of Cases of Construction Contract Disputes(hereinafter referred to as "Construction Contract Judicial Interpretation I")stipulates that if the quality of the project constructed by the contractor is qualified,it may request to refer to the invalid contract The payment of the project price is agreed,and Article 793 of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code")confirms the practice of paying the project price with reference to an invalid construction contract.The judicial interpretation of this article solves the problem of the discount compensation standard when the construction contract is deemed invalid.However,due to the limitation of the text itself and the inherent characteristics of the construction contract,various problems arise in the judicial application of this article.Therefore,this article focuses on the legal application of the payment of the project price with reference to the invalid construction contract.The thesis is mainly composed of three parts.The first part clarifies the nature of Article 2 of the "Judicial Interpretation of Construction Contract I" by combing through the selection of the method of payment of the project price when the construction contract is invalid,combining the characteristics of the construction contract,and discussing the legal basis of the article.In the second part,the flaws in Article 2 of the "Judicial Interpretation of Construction Contracts I" are raised from multiple levels: in the case of invalidation of all contracts in judicial practice,there is a dispute over which contract to pay for the project price,and the determination of the quality of unfinished projects There are different understandings of the eligibility criteria,different understandings of the subject of the claim,and different understandings of the nature of settlement behavior and the effectiveness of settlement agreements.At the same time,there are also problems such as the application of the reference method to the unique settlement,which tends to be effective in handling invalid construction contracts.The above questions are all due to the unclear standard and boundary limits,which leads to different judges’ scales.The third part is divided into four points to point out the standards,applicable conditions and prohibitions for the payment of the project price with reference to the invalid construction contract.First,in the case of multiple invalid contracts,the contract expressed by the parties’ true intentions is the reference standard.Secondly,it is clear that the acceptance of completion is not the only criterion for determining the quality of the project,and the quality of the unfinished project can also be determined to be qualified after the branch acceptance.Thirdly,the subjects who clearly have the right to request the application of this settlement method are not limited to the contractor,and the issuer also has the right to request.Finally,clarify the exceptions that cannot be referred to settlement,that is,the settlement agreement has been reached,the invalid contract price clause is unclear,the contract invalidation involves the price,the illegal construction project causes the contract to be invalid,and the payment time and schedule are prohibited.The agreement on payment of funds,lowering rate and liability for breach of contract shall not be referred to. |
