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Proprietor's Duty for Action of Public Construction Contract
public construction project,construction project contract,Article 507 of the Civil Code,duty to cooperate,standard contract,
|Publication Year :||2019|
Although public construction projects are contracts governed by private law, such contracts are related to legal relations governed by public law in its pre-contracting stage, and that the legal relations involved during contract fulfillment after contract signing were complicated. Under such an undertaking relation, an undertaker must perform the contracted work in accordance with the tenor of the obligation, and the proprietor has to cooperate in the fulfillment of such a contract during the contract time in addition to bearing the obligation of payment, so as to aid the undertaker in delivering the work as contracted. The legal basis for the aforementioned relation is Article 507 of the Civil Code. However, theories and general practice differ regarding the time and the range of cooperation the proprietor is obligated to perform, and whether the undertaker can claim that the proprietor fails to perform his obligation of debt and file a claim for damage compensation because he fails to perform the duty to cooperate. Therefore, an in-depth discussion of the nature of the proprietor’s duty to cooperate as stipulated in Article 507 of the Civil Code is warranted. In the case that the proprietor violates his duty to cooperate, how should the undertaker claim their rights and what relief measures the undertaker has remain to be clarified.
To answer these questions, this study focused on the proprietor duty to cooperate in public construction projects to investigate the nature of proprietor’s cooperation and to conduct an in-depth analysis of range and content of the proprietor’s duty to cooperate. Associations between Article 507 of the Civil Code and relevant regulations were then analyzed, and that relevant theories and practical judgements were adopted to determine whether public construction projects are standard contracts. Furthermore, this study examined the reasonableness and fairness of the disclaimers included in the contract of public construction projects; the legal effects of proprietor’s violating of his duty to cooperate were also analyzed, and the relief measures and other suggestions were proposed.
This study contended that the proprietor’s duty to cooperate is not simply a nonreal duty to oneself, but a real duty to others. Therefore¸ the debt nonperformance regulations can apply to ensure equal protection of the proprietor’s and the undertaker’s rights.
|Appears in Collections:||事業經營法務碩士在職學位學程|
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