Study On The Differentiated Path Of Void Construction Contract

The theoretical and practical disjoint of void construction contract need to be resolved.On the one hand,the current system of void construction contract is not only “one size fits all” in determination,but also different from other contracts in legal consequences,which is not conducive to the unification of the entire legal system.As far as the current legislative paradigm is concerned,regardless of the reason for invalidity,the void contract is absolutely void.On the other hand,the legal consequences are different depending on whether it is completed or not.Since the legal consequences are different depending on whether it is completed or not,it means that invalidity may not be absolutely void.The legislators tend to support to continue to perform according to the contract.Reconsidering and restructuring the legal system of void construction contract can ensure the effect of practice and the existing practical norms more justifiable.By the analysis of the various reasons for contracts void,some of the reasons can actually be included in the scope of the revocable contracts,and its degree of illegal exists difference.For the construction contracts,the reasons for its invalidity and its influence shall be analyzed in detail,and consideration shall be given to such aspects as illegality and third parties.Moreover,the current regulations have a tendency to be effective,which also provides us with an opportunity to look into the leopard and explore the purpose of legislation.It can be found that the boundary between absolute invalidity and relative invalidity is in violation of laws and administrative regulations.In other words,our country can subdivide legal actions that damage the public interest of the society,especially those that are invalid in violation of laws and administrative regulations,into absolute invalidity and relative invalidity.Therefore,in the construction contract,the scope of absolute invalidity should be reduced.Only contracts that are not signed by tender for projects subject to mandatory bidding belong to the absolute invalidity.Besides,it is an extension of the public order of the people’s livelihood project.Other situations should be relatively void,and give a party the right to confirm.Determining effectiveness by such a system,not only can realize the differences and levels of different invalid reasons,but also can resolve the current disputes such as priority compensation and reference to implementation.