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Payment default and Engineering Construction Problems of quality disputes

Author: HanXiangQian
Tutor: SunPeng
School: Southwest University of Political Science
Course: Legal
Keywords: Relativity Relativity breakthrough Contract is invalid Direct appeal Joint and several liability
CLC: D923.6
Type: Master's thesis
Year: 2008
Downloads: 384
Quote: 1
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Abstract

Privity of contract rule is contractual rules and regulations upon which to build the foundation and prerequisite, including the subject of contracts, content, responsibility relativity, etc., can be said that through contract law theory and practice has always been a rule of the legal system of contract The foundation stone. Privity of contract rule since has been generated for the civil law and common law countries have adopted, and has been further enriched and developed. However, by the 1970s, the beginning of the death deed contract law debate, triggered a classical Qiyuefaji this principle and values ??embodied in doubt whether to continue to adhere to the traditional rules of privity of contract, but also caused widespread controversy. Common practice in the contract relative dominance rules on the basis of contract relativity admits some exceptions to the rule applies. The construction industry as a pillar industry of the country, protection of the rights of migrant workers and construction quality problems have plagued the construction sector, handled properly, will affect the social and economic order of the stability and development. As China's construction market is not standardized, construction subcontracting, illegal subcontracting phenomenon is very widespread, and its direct result of poor quality of construction projects and the problem of wage arrears for migrant rural workers occurrence of this State to clean up the construction project payment arrears, to solve the farmers wages made a special deployment, the Supreme Court in 2004 also adopted the \, illegal subcontracting, the actual construction of the relationship between the rights and obligations makes provision for the construction subcontracting, illegal subcontracting contract disputes provide a legal basis. But the \and practical significance. The first section briefly describes Relative Rule emergence and development of its basic content and value, and break the rules of Relativity and the reasons are discussed. The second part introduces construction subcontracting, illegal subcontracting subject, Employer, subcontractor, illegal subcontracting, the actual construction contract between the dominant position of the body relative to the contract of direct expression. Secondly, the construction subcontracting, illegal subcontracting to explore the validity of the contract, the traditional theory that the contract is invalid, in violation of the mandatory provisions of the law of the contract is void contract, the contract is void of course, to determine, from the beginning, absolutely invalid. However, the effectiveness of civil acts invalid and void contract value target system design point of view, construction subcontracting, illegal subcontracting contract is not an absolute void contract, it shall recognize the validity of a certain range, so that it can help to protect the parties to the contract rights. Again, for the actual construction of a direct appeal are discussed that broke the right to appeal directly to privity of contract rule. Finally, the \The third part discusses the quality of construction warranty and responsibility-sharing regime that \Although China's \rules directly to the construction side of the complaint filed breach of contract. The fourth part discusses the construction of the first man and (total) contractor engineering quality problems due jointly and severally liable to the Employer the basis of joint and several liability and contractual relationship between the rules of relativity. Secondly, the discussion on outstanding payments Employer responsibility of providing compensation, rather than the joint and several liability. Joint and several liability with the added responsibility of breaking the rules of privity of contract, unlike the coexistence of debt obligations. \Finally, the joint and several liability of the modern values ??are analyzed, that with the social and economic development, reduce joint and several liability should apply.

Payment default and Engineering Construction Problems of quality disputes

Abstract

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