项目建设阶段风险转移调整研究——基于不完全契约的视角

Research on the Adjustment of Risk Transfer during the Construction Stage:From the Perspective of Incomplete Contracts

围绕建设过程中发包人对风险转移方案进行调整的问题,基于不完全契约理论,分析引起风险转移调整的条件,从降低再谈判交易成本的角度探讨基于法律规定、友好协商以及第三方证实的三种风险转移调整的执行机制。

The paper researches the problem of risk transfer adjustment of the employer during the construction stage. Based on the theory of incomplete contracts, it analyzes the condition which causes the adjustment. Then, it discusses three kinds of enforcement mechanism which is based on law, based on friendly negotiation and based on arbitration from the perspective of reducing transaction costs.