The Consideration Of The Contracts About Cooperating In Constructing Buildings In The Real Estate Development

The contracts about cooperating in constructing buildings rises in the activity of real estate deveopment. It is an agreement pointed by the both parties that one party provides the land; another party provides the funds, technique or labors etc. to build the houses cooperatively. And after finishing the project, the parties distribute the usufruct of the buildings based on the contract. Because of the specialty of the real estate industry in our country, it reflects strong characteristics in the aspect of laws and policies in the process of fulfilling the contract. In the contract of cooperatively developing the real estate, the usufruct of the land provided by one party is a kind of real right that can be directly used. It will decide the legal effects of the contract; on the other hand, the real right will gradually change along with the development of the cooperation, which will profoundly influent the both parties' rights and duties. And after setting up the houses, the ownership of the usufruct is the central problem of the contract, which will directly related to the benefits of the both parties. In addition, because the real estate laws is not perfect in our country, the legislation of real estate laws do not develop as quickly as the real situation, and the real estate industry has a big characteristics of high risk, in the action of developing the real estate cooperatively, there will be disputes usually, and will threat the market order of the real estate industry and the safety of the real estate exchanging. As a matter that, how to prevent the dispute and how to handle the dispute become a problem that need to be soluted urgently. This text, together with the judgment fulfillment, will discuss many legislative problems such as the concept, characteristic, and habitude of the contract; the usufruct of land, ownership of the building and thedispute prevention and handling etc. in the contract from contract level, real right level, real estate system level etc.; and put forward some constructive opinions that wish to be useful in the lawmaking about real estate and the enactment of the I Real Right Law )) now and benefit in the judicatory practice related to the disputes taken up in the process of cooperating in constructing buildings.