| With the fast growth of China’s economy, the real-estate development also shows the state of the rapid development. The real estate industry has always been a hot issue in recent years. More and more the real estate developers turn to choose the real estate development model called the co-operative real-estate development. Generally speaking, these problems are generated by the following factors:the gigantic capital investment, the long development cycles, the high investment risk and the other inherent features existing in the real-estate development. Moreover, the particular reasons in China, such as the scarcity of land resources and the current land system, also influence the real estate developers’selection preference. In the meantime, because the contract related to the co-operative real-estate development involves many legal matters, which include the administrative examination and approval of real estate development, the real right and the contractual itself, coupled with the high risk of the real estate industry, the process of co-operative development is likely to cause a lot of disputes. However, the imperfect real-estate’s legal system in real-estate development, lead to a lot of problems, among which exist the issues of the inharmoniousness between theory and practice, the low efficiency of dispute resolution and the rights of the parties not being fully protected. Therefore, the legal practice of the co-operative development needs urgently researching the theory. This paper adopts the co-operative development as the research object, setting forth its definition, categories, nature, legal characteristics, effectiveness and the factors of influencing. Then it puts forward suggestions on the rights protection of both partners during the Cooperation, hoping that this paper is of great theoretical and practical significance to increase the likelihood of effective problem solving.In many cooperative development of real estate as the research object of the contract law in the field of literature, the study of cooperative development of real estate is roughly divided into the following parts:cooperative development of real estate, and to examine the legal nature of the contract. The research of this plate is intended to discuss the controversial concept of cooperative development contract of real estate and property. Second, the analysis of the effectiveness of the cooperative development of real estate contract. This part of the study attempts to illustrate the performance of the cooperative development of real estate contract form, and introduce all kinds of cooperation mode and the nature of the contract, real estate development to the establishment of the contract, in operation, performance, alteration, termination and deeply discussed. Three, to the cooperative development of real estate&housing ownership, in the process of registration. Part of this research is trying to combine our country the property law and other related content, property of&housing in the perspectives of the original one. Fourth, discusses the legitimacy of the cooperative development of real estate. This research aims to combine some relevant legal provisions, on the basis of the provisions of the deals with problems of the legitimacy of the cooperative development of real estate. Five, from the perspective of state intervention to discuss cooperation development of real estate contract. This section discusses, which is based on relevant laws and regulations and policy provisions, discusses the vulnerabilities of corresponding laws and regulations and policy deficiency, and puts forward measures of state intervention in the cooperative development of real estate contract. Sixth, the cooperative development of real estate contract law legal advice on the solution of the dispute. This aspect of the study is intended to put forward the corresponding Suggestions for the perfection of legislation of real estate, and puts forward corresponding Suggestions for disputes prevention and treatment. Above research dimensions of each are not identical, to the same problems such as the nature of the cooperative development of real estate contract conclusion is differ, be quite controversial. Aimed at the situation, the author is trying to read, on the basis of the existing literature, combined with their own knowledge of law, using literature research, comparative analysis, empirical method and the methods of value analysis method to conduct the thorough research to the cooperative development of real estate contract content.In this paper, the text is divided into four parts. The first part of cooperative development of real estate contract overview. This part of the concept of cooperative development of real estate contract, type, nature and features of the law in detail. The second part of the validity of the cooperative development of real estate contract and its influencing factors. This part of the first cooperation of the contract of real estate development and effect, including established condition, general requirements and special requirements, etc, moreover the influential factors of the cooperative development of real estate contract effectiveness as a key analysis. The third part of the performance of the contract and the cooperative development of real estate legal problems. This part mainly discusses the cooperative development of real estate contract responsibility for the performance of a contract and several typical legal issue, for the content of the last chapter. The fourth part of the cooperative development of real estate cooperation in protection of the rights and interests of both sides in the contract of legal advice. This part tries to follow this article on the main line, namely overview, effect, fulfill the contract, dispute resolution, respectively from the macro and micro dimensions for the protection of the legitimate rights and interests of cooperative parties put forward constructive Suggestions. |
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