Cognizance And Dispute Settlement Of Void Construction Project Contract

Because the provisions on cognizance and consequence settlement of void contract in Chinese laws are very simple, and in the field of construction, there are many statutory administration regulations, the cognizance and dispute settlement of void construction project contract has become the dilemma in the judicial practice. Combing with the accumulated experience in the course of trying the case about construction project contract dispute, the author applies the theory of contract invalidation in the trial practice of construction project contract dispute. Hereupon, the author systemically researches the cognizance and dispute settlement of void construction project contract.There are three parts in this paper, i.e. Introduction: Void Construction Project Contract: Dilemma in Judicial Practice; Chapter One: Cognizance of Void Construction Project Contract; Chapter: Dispute Settlement of Void Construction Project Contract.The introduction can be divided into two parts. In the first part, the scope of construction project contracts in the meaning of"Contract Law", discussed in this paper, is defined; in the second part, the reasons why it is difficult to confirm and try the dispute of void construction project contract are analyzed.The Chapter One can be divided into three parts. In the first part, the scope of void construction project contracts discussed in this paper and review method on the validity cognizance of such contracts are introduced; in the second part, the four constitutive elements of construction project contract are reviewed one after another; in the third part, some kinds of typical void construction project contract are concretely analyzed in detail.The Chapter Two can be divided into four parts. Combined with the different situations, four kinds of consequence liability in property, including restitution of property, compensation at discount, compensation for losses and recovery of property, possibly involved in the dispute settlement of void construction project contract, are expounded.By the method of"Integrating Theory with Practice", combined the special knowledge in law with the special knowledge in construction, the validity cognizance of construction project contract is fully analyzed according to the four constitutive elements of construction project contract. Several kinds of typical void construction project contract in the practice are expounded in detail. At the same time, the reasonable settlement method about how to deal with the property consequence after the contract is confirmed as void is purposed.