On The Legislative Regulation Of Associated Construction Contract

As the foundation and the basis of the real estate union construction, legal relationship of the association construction contract is very complicated. The article takes the associated construction contract as the object of study, and is divided into five parts to carry on the elaboration. The article has brought forward the following viewpoints: Associated construction contract which is not managing is the nature of contracting and reciprocity commixture contract, but this kind of contract does not belong to those which interested parties have made an agreement of partnership on. Associated construction contract which is managing belongs to the nature of partnership. The indisposed lattice of main body, the content which breaks the law, and the form that breaks the law may lead to associated construction contract invalidate. Legislative Regulation on the fulfillment of associated construction contract includes the money to be given, patterns to fulfill, and benefit assigning. Law should not force to stipulate alteration time of the land-use right. When it comes to construction practice, the pattern of associated construction without setting up a project company has its responsibility and practicability. If the ownership of building has not been clarified in the contract, it is the land-use right holder that obtains the original ownership of such a building. In this case, a system where notice must be made before registration completed is necessary to prevent any defenses. If the construction area has changed, the problem of profit assignment may be resolved under the principle of free will, the rule of intentional torts, and principle of equal rights and responsibilities respectively. However, if the capital fund has not been full funded yet, such a problem may be more complex according to their different situations. For the transfer of an associated construction project, both substantive and formal requirements must be achieved to make the transfer. Given that there are many types of transfer methods in practice, this paper decides to present and analyze three of the most popular modes, which are underwriting mode, contracted operation mode and the mode of transferring a land-use right. The issues of termination and of an associated construction contract are also discussed in this paper.