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Case Analysis Of The House Joint Constructing Contract Dispute Between Liu And A Company

Posted on:2012-11-04Degree:MasterType:Thesis
Country:ChinaCandidate:Y D LiuFull Text:PDF
GTID:2166330335969921Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the real estate industry has developed rapidly in China, which made great contribution to the development of urban construction, the promotion of the living condition of the citizens. It was also a propulsive to the development of the building material industry, metallurgy industry, and chemical industry at the same time and played an important role in the growth of national economy. As a high yield industry, more and more economic entities were attracted to join in industry. From the necessity of financing and integration of technological, various patterns of joint constructing in the field appeared. It is inevitable that non-normative manipulation appeared and plenty of disputes followed.This paper, based on the analysis of the Dispute of House Joint Constructing Contract Between Liu and a Company, mainly focuses on the analysis of the legal nature and validity of the contract, of the application of law and of the analysis of the court judgments. In the process of case analysis the concept of House Joint Constructing Contract are give. The basic characteristics of the broadly- and narrowly-defined Contract of house joint constructing is also made from perspectives including the contract subjects, the purpose of the contract, the coipore of the contract, the way of the co-operation, etc. The paper starts from the detailed interpretation of the Law applicable to the Contract of the Disputes of the State-owned Land Use Rights by the Supreme Court, and bring forwards the author's view about the cognizance of the validity of the contract, and put forward the concept of the Contract of Union Development of the Real Estate. At the end, suggestions of risk prevention in contracting for the house joint constructing are given based on the analysis of the qualification of the contract subjects, the nature of the land tenure, the confirmation of the contract, the right and duty of the co-operation parties and the default responsibility,etc.
Keywords/Search Tags:Real estate, joint constructing, cooperative construction, contract, risk prevention
PDF Full Text Request
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