建筑資質是建筑企業實力的一種證明,是承接相應工程的一個前提。即使你有相應的施工能力如果沒有證書的話,也是無法接到相應的工程的,因此建筑資質證書是每一個建筑企業必須擁有的一個證件,建筑企業必須具有建筑資質才能開展業務。
Construction qualification is a proof of the strength of construction enterprises and a prerequisite for undertaking corresponding projects. Even if you have the corresponding construction ability, if you don't have a certificate, you can't receive the corresponding project. Therefore, the construction qualification certificate is a certificate that every construction enterprise must have, and the construction enterprise must have the construction qualification to carry out business.
辦理建筑資質可以保護自身權益的需求建筑企業在沒有取得相應的資質證書之前,就等于沒有取得法人民事權利能力和行為能力,其所簽訂合同之合法性也無從談起,如果施工時企業沒有相應資質,即使之后取得了資質或建筑工程已竣工并經驗收合格,此時仍不能認定合同有效。欠缺資質的施工合同無效原因在于違反了行政法規禁止經營的規定,原則上應認定為無效,認識上的分歧在審判實務中也有體現,同樣是施工企業,但是欠缺資質的施工合同,法院的判決結果有時候卻會截然相反。
For the demand that applying for construction qualification can protect their own rights and interests, before obtaining the corresponding qualification certificate, the construction enterprise has not obtained the civil right capacity and behavioral capacity of the legal person, and the legitimacy of the contract it has signed is impossible to talk about. If the enterprise does not have the corresponding qualification during construction, even if it has obtained the qualification or the construction project has been completed and passed the acceptance, The contract cannot be deemed valid at this time. The reason for the invalidity of unqualified construction contracts lies in the violation of the provisions of administrative regulations prohibiting operation, which should be recognized as invalid in principle. Differences in understanding are also reflected in the trial practice. It is also a construction enterprise, but the judgment results of courts for unqualified construction contracts are sometimes quite opposite.
企業實力的一種體現隨著建筑業的發展,有越來越多的人跨入這一行業,但是,有許多不穩定的因素充斥著這個市場。這時候資質證書就相當于是增強客戶信任的催化劑,它能給客戶帶來感,資質證書是企業能力的肯定,它和法律起到相輔相成的作用,從而使客戶更加放心和滿意。
With the development of the construction industry, more and more people enter this industry, but there are many unstable factors flooding this market. At this time, the qualification certificate is the catalyst to enhance customer trust. It can bring a sense of security to customers. The qualification certificate is the affirmation of the enterprise's ability. It and the law complement each other, so as to make customers more assured and satisfied.
因此,建筑資質是必須辦理的,它是建筑企業開展施工的通行證,企業還可以通過、資質增項等擴大業務范圍。
Therefore, construction qualification must be handled. It is the pass for construction enterprises to carry out construction. Enterprises can also expand their business scope through qualification and additional items.
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