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近一、二年来,装饰合同纠纷逐渐地诉讼到人民法院,成为人民法院经济审判中一种新类型的案件.这类纠纷,既不同于建筑工程承包合同纠纷,又不同于加工承揽合同纠纷.它的基本特征是:一是诉讼主体的特殊性.首先是合同主体特殊,合同的一方总是装饰工程公司,而非建筑工程公司,更非一般的承揽单位,另一方则为建筑物的使用者即建设方,而不是一般的加工单位.其次是合同标的特殊,即合同的标的不是一般的构筑物或加工物,而是在构筑物表层和空间完成一定的工作,对表层和空间进行装潢修饰.再次,是诉讼主体的固定化,即一般情况下装饰工程公司为原告,而建设方为被告.二是当事人权利义务的特定性.即建设方按合同规定清理好场地,具备装饰施工条件,并分期拨付工程款.同时,享有要求装饰工程公司按建设方审定的
In the recent one or two years, decoration contract disputes gradually litigation to the people's court and became a new type of case in the economic court of the people's court .This kind of dispute is not only different from the dispute of construction contract, but also different from the contract of processing contract. Its basic characteristics are: First, the particularity of the subject of litigation. The first is the subject of a special contract, the parties to the contract is always decorative engineering company, rather than construction companies, non-general contract units, while the other for the use of buildings That is, the construction side, rather than the general processing unit.Secondly, the subject of the contract is special, that is, the subject of the contract is not a general structure or processing, but in the structure of the surface and space to complete certain work, decoration and decoration of the surface and space. Thirdly, it is the immobilization of litigation subject, that is, under normal circumstances, the decoration engineering company is the plaintiff, and the construction party is the defendant. Second, the particularity of the rights and obligations of the parties is that the constructor clears the site according to the contract and has the decoration construction conditions and Installment payment of construction funds.At the same time, enjoy the requirements of decoration company approved by the construction side