Research On Several Legal Problems In The Construction And Operation Of Real Estate Cooperative

With the rapid development of economy in China, the real estate industry, as one of the pillar industries in national economy, is developing more and more rapidly. Due to the huge investment, the long cycle of operation, the high investment risk in real estate development, and additionally the house is the necessities of life for ordinary people, and the huge demand also increases the requirement for high quality of the common housing, to develop a real estate becomes a difficulty for a moment. Therefore, the cooperation development mode which called participation and building associations is brought about in the real estate development.The mode of participation and joint building in the real estate development business involves many aspects. This paper only discusses on two contents. The first part of the paper focuses on the basic issues of the real estate co-exploitation’s contract, the contract of creditor’s rights, property rights, contract, administrative examination and approval and other legal relationship, and with the differences in content of the contract, the nature and the constraints of the rights and obligations for both sides also make big differences, which basing the contract concept, characteristics, properties, efficacy and transformation aspects of analysis, this paper tries to excavate the essence of the contract. The second part of the paper focuses on the ascription problem of subject matter. As the wealth gathering in the housing in recent years, the distribution of the interests of all parties leads to disputes. Trying to solve the contract can determine the ownership in the legal practice.