The Construction Project Contract Is Determined By The Legal Liability Of The Affiliated Party ——Taking Liang Mou V.A Construction Company As An Example

Affiliation refers to an organizational form in which an organization is attached to another organization based on a certain interest relationship and temporarily established without subordination between two organizations.After the reform and opening up,the prosperity of the construction market leads to the imbalance between supply and demand in the construction industry.It is usually called "affiliate" that unqualified organizations or individuals borrow the qualifications of enterprises with construction qualifications to undertake construction projects.In the affiliation relationship,the relationship between the affiliated person（the lender with the qualification）and the affiliated person（the borrower with the qualification,also known as the actual construction person）and the undertaking of the external debts of the actual construction person have always been different in theory and judicial practice.In fact,these differences should be studied in specific cases.This article through to Liang Mou v.A construction company,engineering machinery leasing contract dispute case study,think that should be in strict accordance with the components of the agent examines the relationship between the two,in the actual construction of foreign trading,has made it clear that cannot be affiliated with the name of the person conducting civil activities,the behavior does not constitute A principal-agent,also does not constitute A job agency and agency by estoppel.The transaction counterpart between the party involved and the actual constructor is not the opposite party of the contract.The counterpart of the transaction can not be regarded as good faith for the transaction,so it can not break through the principle of contract relativity to claim the contract rights of the dependant.Although the affiliated party illegally lends the qualification,it should bear corresponding legal liability,but this does not mean that the affiliated party should bear joint and several liability for the external transaction behavior of the actual construction party.Joint and several liability shall be assumed in accordance with legal provisions or the agreement of the parties.When dealing with the external debt dispute of the actual constructor,the relationship between the actual constructor and the dependant shall be defined according to the facts of the case.At the legislative and judicial practice level,we should categorize the relationship between them and make clear the way of responsibility bearing under different relationship.It should be cautious to break through the principle of relativity of contract in the trial of the actual constructor’s foreign debt case.At the same time,we should strictly abide by the "legal" and "agreed" judgment on the joint and several liability of the affiliated,and curb the illegal activities of the affiliated and the lending qualification through strengthening administrative punishment and building blacklist and other comprehensive social governance methods.