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The Principle Of Contract Relativity Is A Breakthrough In Construction Contracts

Posted on:2019-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:J M XiaoFull Text:PDF
GTID:2436330542482114Subject:Law
Abstract/Summary:PDF Full Text Request
Construction industry in our country,the qualification problem exists for a long time;lead to contractor must be affiliated with qualification for construction enterprises.Construction project construction contract with qualified contractors,the contractor is made and actual construction engineering subcontracting contracts.As a result,a project of building the quantities into must demand corresponding qualifications of blocks and blocks can be subcontracted,made and construction may each bear part of the project,even the contractor is only on the qualification of conform to the requirements of the party awarding the contract,not the actual participation in the construction.Therefore,the actual construction are the important a force in the construction industry in our country,relative to the contractor for the construction of low status,poor qualification,but the actual construction,and made up of manual workers.Due to the contractor or the employer,the corresponding project payment in arrears will happen like unpaid wages of migrant workers.This article through to the contract relativity principle and breakthrough,after thorough analysis for the interpretation of law in our country which exist in the breakthrough of contract relativity principle examples,thus the analysis of the construction engineering construction in the contract relativity principle breakthrough has the necessity.Pointed out in the project construction contract,the actual construction people can break through the contract relativity principle,in turn,directly to the client request payment due,at the same time,the developer also can undertake the engineering quality responsibility shall be investigated for breakthrough of contract relativity,and actual construction contractor shall be jointly responsible for project quality.In concrete analysis in the contract relativity breakthrough,this paper mainly through Zhou Yuli v.Li Jiaya three groups of case analysis on the right to exercise the rights to the specific circumstances and involved in the exercise of the body of the problems,legal premise and payment problem,then to actual construction how to claim rights and puts forward some doubts and solve may train of thought.
Keywords/Search Tags:The relativity principle of Contract, Construction contract, The breakthrough of relativity
PDF Full Text Request
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