Research On The Invalidity Of Construction Project Construction Contract Under The Condition Of Borrowing Qualification

With the sustained and rapid development of my country’s economy,the development of various industries is also advancing with the encouragement of national policies.Among them,the speed of development of the construction industry is particularly obvious.The high profits brought by the construction industry make more people want to participate in and get a share.Therefore,the state has strict qualifications for construction project construction qualifications,which has made the situation of borrowing qualifications in the construction industry more and more prominent.The borrowing of qualifications is a violation of national laws and regulations,and the existence of borrowing of qualifications will result in the construction contract being deemed invalid.In order to avoid the sanctions of laws and regulations,the form of borrowing qualifications is constantly escalating.The distinction between qualification borrowing behavior and subcontracting behaviors,and accurate and clear identification of qualification borrowing behavior has become a difficult point in judicial practice.The rights and obligations among the contracting party,the contractor and the actual constructor are still relatively vague in the existing research on the borrowing of qualifications.The author takes the three subjects as the perspective to remedy the right of relief after the borrowing of the qualifications invalidates the construction contract.Perform analysis.Through the research and exploration of the invalidity of construction contract in the case of borrowing qualifications,the article provides some references for the main body of construction projects and legal workers,and provides certain help for handling related cases in judicial practice.The article uses comparative analysis method,empirical research method,case analysis method and other methods to study the literature and compile thesis.The accelerated development of the construction industry and the attraction of huge benefits have caused a large number of qualifications to be borrowed in construction projects.The performance of borrowing qualifications is that the actual constructors who do not have the corresponding qualifications for the construction projects are borrowed from the corresponding qualified units.Qualification,signing a construction project construction contract with the contracting party in the name of the lending subject.The time point at which the actual constructor intervenes in the construction activities of the construction project is the core key to distinguish between the situation of borrowing qualifications and the situation of illegal subcontracting.The borrowing of qualifications violates the laws and regulations of our country,and the construction contract of the construction project where the qualifications are borrowed is not legally effective.The contracting party is one of the main bodies of the construction activities of the construction project.However,there is currently a lack of rights and interests relief related to the issuer,which only exists after the construction project fails to pass the inspection and acceptance,and the rights claimed against the contractor or the actual constructor.In the event of a delay in the completion of the project,the contractor shall also refer to the contract signed by both parties for compensation for losses caused by the delay in the completion of the project.After the contracting party has settled the project price with the actual constructor,the contractor has the right to request the contracting party to settle the project price,and the contracting party can defend against the contractor’s claim.The actual constructor is the actual participant in the construction project,and the contractor It is just the apparent counterparty of the contract that has not actually participated in the construction activities of the construction project.The contracting party cannot request the contracting party to settle the project price based on the identity of the counterparty.The contracting party’s settlement of the project price is effective for the actual constructor and can have a binding effect on the contractor.In the borrowed qualification,the contractor belongs to an intermediate entity and is the key body connecting the contract issuer and the actual constructor.The rights and interests of the contractor affect all parties in the borrowed qualification situation.The existing rights and interests of the contractor are mainly based on the priority right of compensation for the project price,and other rights and interests are rarely involved.The contractor under the borrowed qualification shall not have the right to claim the project price.In the case of borrowing qualifications,the "management fee" collected by the contractor from the actual constructor for borrowing qualifications should be paid for illegal reasons,and should not be dealt with as a natural debt.The "management fee" and "collected" should be converted to non-refundable.The definition of the actual constructor is the key to dealing with the invalidity of the construction contract in the case of borrowing qualifications.In the event of bankruptcy of the contractor,the project price settled by the contract issuer shall not be recognized as bankrupt property.The actual constructor has the right to request the return of the project price,and the administrator shall not request the actual constructor to return the project price paid by the contract issuer.In the case of borrowing qualifications,the actual construction person is the object of the project price settlement of the contracting party and should not settle the project price to the contractor.The settlement project price is binding on the contractor.