建筑周转材料租赁合同纠纷主体认定及责任承担——以拖欠租金引发的纠纷为视角

摘要

In the recent years, there have been more and more contract disputes in the field of construction turnover materials. The court judgment of different courts to these cases are quite different. The main reason of this is that there are different standards for them to judge the subject cognizance and responsibility-taking. This paper is to deeply analyze the subject cognizance and responsibility-taking under these conditions： a lease dispute caused by a lessee who is an artificial person branch; the lease dispute caused by a lessee who is a labor contractor; a lease dispute caused by the a lessee who is a labor contractor but a prime contractor or subcontractor of construction engineering made the official seal on the contract; and a dispute caused by using a false official seal on the contract by one party. The purpose of the paper is to promote each court to have a same understanding of the lease agreement dispute about construction turnover materials and to achieve the goal of reducing the judgment conflicts of the same kind of lease contract disputes.%建筑周转材料租赁行业近几年来的合同纠纷凸显，各地法院对该类案件审理后的判决结果差异较大，主要原因是认定主体和责任分担的标准不统一。对以法人分支机构为承租人的租赁纠纷、以包工头为承租人的租赁纠纷、以包工头为承租人但建筑工程总承包人或分包人在租赁合同上加盖公章的租赁纠纷、以一方主张租赁合同上加盖的公章为假公章而产生的纠纷等情形下的诉讼主体资格认定与责任承担问题进行深入剖析，促使实务界对于建筑周转材料租赁合同纠纷案件的认识统一，达到减少同类租赁合同纠纷案件判决差异的目标。