Study On The Invalid Judiciai Practice Of Construction Contract

The rapid development of China's real estate market has made the construction industry more and more popular,resulting in the increasing number of construction engineering disputes arising from the practice.Construction project as a construction project contract disputes the parties rights and obligations of the carrier,the correct definition of effectiveness is court judge and deal with the project construction contract disputes,the basis of the construction project construction contract effectiveness in cognizance of construction project disputes of fair trial and the healthy development of construction market has positive significance.This article from the perspective of contract for construction project judicial practice,combined with the Supreme Court case part ruling idea construction project construction contract effectiveness as some controversy in the larger problem in judicial practice and discussed,hope to provide for reasonable contract effectiveness of providing some ideas.The first part of this article,first of all,the judicial practice of our country construction project construction contract may be studying and understanding,through the summary of the supreme people's court of ten the focus of the project construction contract dispute case trial and trial,and focuses on two of the classic case analysis,to our country construction project construction contract dispute case have a preliminary understanding,and from the case of the parties to the ideas of the dispute,and the court has some thinking,put forward some practical problems in the judicial practice.The second part in the judicial practice has a preliminary understanding,on the basis of our country present stage construction project construction contract is invalid as the main applicable law were summarized and the corresponding analysis.One is from the project construction contract is invalid of itself,mainly analyzed the present stage the general civil law,contract law and relevant judicial interpretations on the effectiveness of regulation and attitudes,and on the particularity of the project construction contract;From the legal consequence of invalid contract,this paper discusses our country for the project construction contract is invalid after the legal process,including contract invalid general processing and special treatment prescribed by the judicial interpretation.The current laws and regulations,a large number of administrative regulations of construction projects,such as requirements for contractor qualification level of construction contract;or the contract stipulates special procedures.These provisions can be seen as the state of the construction contract is a special contract administrative regulation,it shall be the management of mandatory norms,in violation of these Provisions,the contract should not be null and void.The third part in combination with judicial practice and the basic theory of construction project construction contract effectiveness as laws and regulations,put forward the practice at present,the determination of the project construction contract is invalid practice of the several controversial problems in this paper.In the end,the paper summarizes the whole article.