The Invalid Construction Project Contract

The architecture industry as national economy's pillar industry, it in national economy's status and the function is self-evident, and the architecture industry may buy in the many countryside extra labor force to enter a city to work, becomes important origin which some areas county territory economic growth and the farmers'income increase. Between the contractor and the contract award person realizes the construction project predetermined target basis in the architecture industry as well as is clear about the right, the voluntary and the responsibility relations agreement is the construction project construction contract. But the recent years, the construction project construction contract invalid question, actually became the focal point which the people paid attention. In addition our country law is too simple about void contract's recognizing and legal consequences'stipulation, involves is also complex to the construction domain administrative law compulsory standard lacks the feasibility complex, thus causes the invalid construction project contract recognizing and the legal consequences carries out into the judicial practice the difficult problem.This article is divided three parts besides the foreword and the conclusion. The first part begins from void contract's elementary theory, carries on the detailed elaboration to void contract's concept and the characteristic, then based on this to the void contract recognized that the standard carries on the induction. The second part in the first part provides in the rationale introduced simply to the construction project construction contract's name evolution and the concept characteristic, and based on this to invalid construction contract recognized the standard carries on the refinement, prepares, in then when carries on the analysis to the invalid construction contract's concrete situation has according to may look up. The article third part is divides three situations to the invalid architectural engineering construction contract legal consequences to launch the elaboration; first, after the contract works out, before not yet fulfills, is confirmed invalid processing; Second, started to fulfill but not yet fulfills finishes is confirmed invalid contract processing; Third, after the contract already fulfilled finished, is confirmed invalid processing. And acts according to itself in the elaboration process to draw the conclusion to the related legal understanding, expected that present's construction market can the healthy order development, enable the construction project the quality to obtain the effective safeguard, in the construction project construction contract all quarters litigant's legitimate rights and interests obtains the fair protection.