Research on the Legal System of Construction Project Contracts

Author: Wang Jiandong
Publisher:
Publish Date: 2004-06-01
Features:
Chapter 1 Introduction
Section 1 Definition of Construction Project Contract Concept
1. General Concept of Contract
2. Concept of Construction Project Contract
3. Types of Construction Project Contracts
Section 2 Analysis of Legal Relationships in Construction Project Contracts
1. Overview of Legal Relationships in Construction Projects
2. Contractual Legal Relationships in Construction Projects
3. Legal Relationships in Construction Project Contracts
Section 3 Legal Application of Construction Project Contracts
1. Legal Basis for Applying Construction Project Contracts
2. Application Rules of Legal Norms for Construction Project Contracts
Chapter 2 Valid Formation of Construction Project Contracts
Section 1 Valid Formation of Construction Projects and Contracts
1. Significance of Valid Contract Formation
2. Valid Contract Formation: Conflict and Balance Between Autonomy and State Intervention
3. Special Nature of Construction Projects and Valid Contract Formation
Section 2 Formation of Construction Project Contracts
1. Evaluation of Contract Formation Requirements
2. Formation of Construction Project Contracts
3. Non-Formation of Construction Project Contracts
Section 3 Valid Formation of Construction Project Contracts
1. Subject Requirements for Valid Formation of Construction Project Contracts
2. Expressions of Intent Requirements for Valid Formation of Construction Project Contracts
3. Content Requirements for Valid Formation of Construction Project Contracts
4. Formal Requirements for Valid Formation of Construction Project Contracts
Section 4 Suggestions for Improving China's System of Valid Formation of Construction Project Contracts
Chapter 3 Performance of Construction Project Contracts
Section 1 Concept of Performance of Construction Project Contracts
1. Performance of Construction Project Contracts is a Main Content of Contract Validity
2. Performance of Construction Project Contracts is a Specific Act by Parties
3. Performance of Construction Project Contracts is a Unity of Performance Acts and Performance Results
4. Performance of Construction Project Contracts is the Main Reason for the Dissolution of Legal Relationships in Construction Project Contracts
Section 2 Principles of Performance of Construction Project Contracts
1. Principle of Full Performance
2. Principle of Good Faith
3. Principle of Economic Rationality
4. Principle of Change in Circumstances
Section 3 Defense Rights in Performance of Construction Project Contracts
1. Simultaneous Performance Defense Right
2. Subsequent Performance Defense Right
3. Insecurity Defense Right
Section 4 Preservation of Construction Project Contracts
1. Concept of Contract Preservation
2. Creditor's Right of Subrogation
3. Creditor's Right of Revocation
Chapter 4 Guarantee of Construction Project Contracts
Section 1 Application of Ordinary Guarantee Methods in Construction Project Bidding and Tending
1. Overview of Guarantee, Mortgage, Pledge, Lien, and Deposit
2. Limitations of Ordinary Guarantee Methods in Construction Project Guarantee Applications
3. Counter-Guarantee
Section 2 Special Guarantee Methods in Construction Project Contracting and Related Legal Issues
1. Performance Guarantee
2. Overview of Independent Guarantee
3. Application of Independent Guarantee in Construction Project Contracting
Section 3 System of Payment Guarantee for Construction Projects
1. Necessity of Establishing a Payment Guarantee System for Construction Projects
2. Improving Contract Law Provisions to Establish a Statutory Lien System
3. Establishing a Builder's Payment Guarantee System
4. Establishing a Contractor's Payment Guarantee System
Chapter 5 Variation, Transfer, and Termination of Construction Project Contracts
Chapter 6 Liability for Breach of Contract in Construction Project Contracts
Chapter 7 Construction Survey and Design Contracts
Chapter 8 Construction Project Execution Contracts
Chapter 9 Construction Project Supervision Contracts