On The Co-operative Real-estate Development Contract

In recent years, the real-estate market has made a rapid progress in China. However, co-operative development often appears in practice because of the complex factors such as the lack of land, the investment, the approval and so on, which results in the need of co-operative real-estate development contract. There are many different views about the basic concepts of co-operative real-estate development because of the imperfection of the real-estate legislative work and lack of laws about the related co-operative development. As a result, the disputes over the co-operative real-estate development contract in practice are on the increase. This thesis attempts to approach the character, the validity, the share of profit, and the responsibility of the co-operative real-estate development contract.The first part focuses on concept and character of the Co-operative real-estate development contract. First, this part introduces the basic concept of the co-operative real-estate development contract and presents the most basic character of this kind of contract, which is "Investors provide investment, share profit and partake ventures." Second, this part analyzes the categories of the contract. They are cooperative contract, mortgage contract, and utilitarian contract respectively. And the author of this thesis holds the view that the characters of the co-operative real-estate development contracts should be analyzed differently according to the different types of these contracts.The second part mainly analyzes the validity of co-operative real-estate development contract. In this part, combined with the general principle of agreement and validity of contract, the agreement and validity of the co-operative real-estate development contract are discussed. Then this part analyzes the factors affecting the validity of the co-operative real-estate development contract, which are litigant's property development qualifications, the right of land use, and items approval.The third part deals with the honor and responsibility of the co-operative real-estate development contract. This part mainly analyzes the problems which exist in the process. The main problems are concentrated in the disputes over investment, the ownership of the building, the share of the profit and the responsibility of the investors.