Research On The Liability Problem For Breach Of Contract Of Construction Projects To The Affiliated Person

With the rapid development of the construction industry and the real estate market,the construction market demand continues to expand,but the huge market demand is not matched with the existing building capacity,coupled with the competent department of construction management anomie,some qualified construction enterprises for economic interests,will own construction qualification certificate does not have legal qualifications to provide paid the construction units,engineering team,actual construction to undertake the project,and collect fees,the law prohibited anchored behavior normalization.In the construction process,the actual construction in their own name or the construction unit of the foreign and third people signed materials trading,equipment leasing,underwritten loans and commercial contract,when disputes arise,the actual construction,whether the affiliated shall bear the liability issues,there is no system analysis theory,the existing law norms can not give strong support,in the judicial practice has not unified referee.Therefore,we should strive to build a clear,systematic and effective referee rule system in the current law framework through conflict coordination and interest measurement.This paper analyzes the judicial practice anchored in the actual construction of foreign contract cases related to the type and characteristics,and the plight of the trial of such cases:the referee basis is not clear,anchored behavior concealment and responsibility difficulties,the construction industry's own characteristics and influence to judicial judgment instead of administrative supervision of the inertia of thinking.By four the results lists the judicial practice in such cases,the actual construction of responsibility,affiliated units take responsibility,actual construction responsibility,affiliated units shall bear supplementary liability,the actual construction of responsibility,affiliated units assume joint liability,which leads to the problems to be studied.Combining with the relative theory of contract,the apparent agency,commissioned by the unauthorized agency system,agency system,job behavior and nominal borrowing theory and system theory and application of four kinds of dilemma of judgment is analyzed,comprehensive evaluation of the legitimacy and the idea of social effect.On this basis,the author puts forward the solutions to such disputes on conception,affiliated person in its own name signed a commercial contract,affiliated units authorized to perform the contract or characterization of behavior,namely trust agency or official agency situation,the affiliated units assume responsibility,or by the actual construction of responsibility.If a dependent person signs a contract with a foreign affiliate in the name of the affiliated company,it shall be dealt with according to the provisions of the principal and agent when it is in line with the nominal borrowing situation.The agent who is not authorized to act is assumed by the actual contractor,who is responsible for the agency according to the apparent agency.In addition,when there is a construction unit's malice or affiliate collusion to damage the interests of creditors,the actual constructor is liable,and the construction unit shall bear additional responsibilities.At the same time,it puts forward the measures of stripping off affiliation interests,shaking up the affiliated foundation,strengthening the internal management and external administrative supervision of construction enterprises,so as to jointly curb the occurrence of affiliated behavior and standardize the orderly development of the construction market.Finally,a brief summary of all the arguments in this article is made.