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Construction Contract To Fulfill The Relevant Legal System

Posted on:2005-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2206360152966325Subject:Law
Abstract/Summary:PDF Full Text Request
The construction project contracts (constructive contracts for short) are by far the action rules of constructive corporation in the construction course. As a rule, a contract will come through the whole course of talking over, sketching out, signing, performance, alternation, termination and coming to an end. The perform management is the considerable circle and must be taken into account. The phenomenon of owing constructive cost is rigorous increasingly for the moment. The reason from constructive corporation is they do not fix their eyes on the importance of performance of constructive contracts. We will find that the performance legal system of constructive contracts are short when we look from the whole circumstances. The opportunity and the challenge fomented by getting in with WTO are also demand constructive corporation fortify studying and introducing the worldwide advanced performance legal system.The constructive contract is one of the types of contracts, so its performance surely hold true the relevant performance legal system prescribed by the fourth chapter of the contract law. The scholars' study at contracts performance is principally aim for the prescripts of that chapter. But the constructive constracts have their own features , their performance is also fairly a peculiar and complicated course. According to the contents of constructive, their performance legal system touch on a good deal of aspects. I will try to assay engineering cost, engineering claim, engineering guarnantee warranty and engineering insurance systems and so on.Engineering cost is the aim of the parties' power and duty,and it is also the propeller of performance. Formerly, those articles about engineering cost principally discuss the engineering management system. This paper has principally studied the lawful problems that exist in the bidding system of engineering cost market , the settlement account and identification of engineering cost. These problems put off the mechanism that engineering cost should be formed by the market. I suggest amending the bidding law, and drawing up the law about engineering cost to normalize relevant problems. I have constituted the probable outline of legislation.Engineering claim can not be avoided because of the specification of engineering construction and the uncertain risk shared by the parties. The constructive corporation must validity understand the engineering claim in nature that engineering claim is a kind of the valid demand that calling for the compensation fomented by the proprietors' undue actions. The constructive corporation must take notice of finding the claim affairs, gleaning the claim evidence and stand up for their legitimate benefits in light of the appointment of claim procedure. The constructive corporation also can appropriately exert the complaint power. At the same time, I expound the standpoint that the claim deadline is not equal to the claim tense.Affected by the planning economical system, our risk system of constructive realm is very poor. There is not a risk transitional mechanism in a lot of important circles. The phenomenon of owing constructive cost are impute to that there is not a risk system which contents are principally engineering warranty and engineering insurance systems. The engineeringwarranty and engineering insurance systems can operative amplify the restricting power that actuate the parties perform the contracts earnestly. So the engineering guarnantee warranty and engineering insurance systems are out of question a obvious and important circle of performance of constructive contracts under the market circumstance. This paper has assayed a lot of formats of engineering warranty , and advises enthusiastic recommend the engineering warranty system, espeically the warranty of the proprietors' cost payment instead that of constructive corporations' performance. This paper has expounded cultivating warranty middle machineries, and legislation must norm their qualifications of entering into the markets, the fee level and so on. This paper has als...
Keywords/Search Tags:constructive contracts, performance, legal system
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