指定分包模式下总承包商的合理反对权研究

基于总承包商权利和义务失衡关系的详尽分析,借助国际上总承包商合理反对权的相关规定,从总承包商行使合理反对权时合理理由的判断标准、合理反对权的应用范围两方面提出合理反对权的使用建议,并对合理反对权成立后业主和总承包商的后续措施进行分析,以期更好地保障总承包商的合理权益。

Research on the Reasonable Objection Right of General Contractors in the Nominated Subcontract Mode

Based on the detailed analysis of the unbalanced relationship between rights and obligations of the general contractor,and with the aid of the international regulations about the reasonable objection right, this paper from the two aspects of the reasonable reason judgment standard that when the general contractor exercise reasonable objection to nominated subcontract and the application scope of reasonable objection right, puts forward the suggestion on use of the reasonable objection right. After the establishment of the reasonable objection right,analyzes the follow-up measuresof the owner and general contractor,so that the reasonable rights and interests of the general contractor can be better safeguarded.