The Judgment And Treatment Of The Allocated Land To Develop Real Estate

In the past a high degree of unification of the planned economic system, the state-owned land use rights are, without exception, made use of the allocated free of charge, mainly from China's land ownership patterns of land ownership and the solidification of the decision. Later, as China's implementation of the system of compensation for the use of state-owned land since the transfer of land to enter the market conditions have increased, then there is a dispute also showed an upward trend, such disputes large and controversial suit that must be resolved in the main issue is real estate development contract effectiveness of cooperation Identification and treatment. The allocation of land to develop real estate contracts and the effectiveness of that treatment not only of the land transaction between the stability and protect the legitimate rights and interests of the parties, but also to the orderly development of the real estate market.In addition to the introduction and conclusion, this paper is divided into four parts. The first part is the allocation of land to develop real estate outlined in the contract, on the transfer of land use rights and the relevant provisions of the concept, the allocation of land and real estate contract to develop the legislative status quo, let us on the allocation of land to develop real estate contracts have a basic Recognizing the second part is about the allocation of land use rights to develop real estate that the validity of the contract, the contract is null and void the recognition of the transfer of land use rights to develop real estate contract avoided the situation and related issues; third Part of the contract is null and void on the effectiveness of corrections issues. In China, in the face of large numbers of "stealth land market," the existence of the report in accordance with the law did not have the right to approve the government's approval for land use rights and transfer procedures that are ineffective, not only not conducive to the use of land, but also the very cause of resources Big waste, so in some cases, the transfer of land use rights transfer will allow the effectiveness of corrections in the fourth part, the author sum up practical experience in the allocation of land use rights to develop the contract was invalid after that the treatment itself The idea.This paper has not conducted any deep theoretical study, the author is the practice of combining a number of specific issues, described the allocation of land use rights to develop real estate contracts and apply the relevant provisions of the hope that through this paper can solve some judicial practice To provide help.