| Summary: | 碩士 === 國防大學管理學院 === 法律學系 === 100 === For the rules of the risk distribution, Public Construction Commission Executive Yuan honors an agreement for the rational distribution public works to have the risk, outside civil law standard, moreover worked out in the thesis are Essential Requirements for Procurement Contracts and the Construction Procurement Contract Model for painting had the quite different provision with it, but it lay in or has situation of differently the suitable civil law stipulation, also situation and the effect this provision standard have been separated from outside in fact the civil law scope, the practice opened the purchase law regarding on to not to dare to deny its importance, even it materially effectiveness already serious offense in law; Although then this and so on purchase laws the value is extremely high, how should its legal effect and how be suitable in the referee, actually still had the quite major problem to exist, but the practice varies regarding the question also opinion like this, each line of its matter, so actually obtains litigant of the different ruling to the bitter experience same condition not to be obviously unfair. In the synthesis the doubt, this article will depend on the related theory, the court practice opinion and the purchase law content as far as possible reorganizes the analysis, finally proposes the conclusion, supplies reference of the practice operation.
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