论挂靠行为及其对建设工程施工合同效力的影响-法学专业论文.docxVIP

施工合同的签订往往是在挂靠行为之后，故司法机关对挂靠行为的认定对建设 施工合同的签订往往是在挂靠行为之后，故司法机关对挂靠行为的认定对建设 工程施工合同的效力会产生有很大的影响，本部分从发包商的角度出发，以发 包方是否知晓挂靠行为而后签订建设工程施工合同来研究挂靠行为对建设工程 施工合同效力的影响。 关键词：挂靠； 建设工程施工合同； 合同效力 II 万方数据 AbstractAffiliated Abstract Affiliated is not a legal concept．Contacting the product of the emergence of history，affiliated operation project in the construction industry is also the product the Chinas transition economic from the planned economy to market economy．With the rapid development of China。s infrastructure construction and real estate markeL and leading to the construction industry unprecedented prosperity,but with the development o．f non-standard construction market the increasingly fierce market competition，and in order to get huge benefits，leading to the affiliated behavior is very comnlon．Although the“construction law’，“construction quality management regulations”and other laws have explicitly prohibitive the affiliated behavior，in fact “affiliated”phenomenon is still very serious．It not only severely disrupts the order of construction market in our country,but also lefts a lot of trouble，such as engineering quality,and engineering safety．The courts and arbitration institutions in the process of dealing、Ⅳitll he various economic disputes．generally affiliated behavior will be deemed as invalid behavior as well as the construction project construction contract signed by affiliated behavior is invalid．There is no denying the fact that in the construction industry in China at present，the existence of the affiliated behavior to construction quality and safety brings huge hidden trouble．Keeping．a crackdown on the affdiated behavior is indispensable，but whether or not it will be questionable that as long as there is signing the construction project contract by affiliated behavior which shall be deemed invalid．Blindly denying the validity of the construction project construction contract is not conducive to the maintenance construction market transaction security and freed