The Legal Problem Research Of The Real Eatate Development Cooperation

Real estate development cooperation the concept is not a noun abrand-newappear in today’s society, it is from the very early before buildingcooperationstep by step evolved, with the rapid development of socialeconomy, people’s living needs of the growing, the real estate marketdiversification into step,concept between the two slowly split into twoindependent completely different concepts, the cooperative development ofreal estate as a new development model is independent of the category of cooperativehousing. In our laws havefor this type of real estate development pattern to berecognized, such as the"City real estate management law", but the relevant legalsystem about thecooperative development is not synchronized with thecorresponding legal system is not perfect, is a direct result of the main reasons inreality on the realestate development cooperation problems。Based on the cooperative development of realestate practice case of trial courts,legal problems in the process involvesa very wide, but the core problem hasoccurred or to follow the law, the cooperativedevelopment of real estate through contract behavior to achieve the legal effectand the expected benefits. Through the summary of the case we can find thatthe validity of the cooperative development of real estate disputes cannot dowithout the land use right investment and contract issues. The emergence of theseproblems is because the current law system is not perfect, the real estatemarket diversity complexity also leads to no single clear solution to manyproblems. Collective land use rights and the transfer of land userights restrictions based on the practice of real estate market, still have to cooperate inthe development of large relates to these two kinds of land use right investment, thecurrent policy although there arerelated correction program, but its main purpose isto ensure the smooth realization of the purpose of contract law, out of the realestate cooperative development involving the interests of major considerations, butstill did not take into account the loopholes in the law to the lawless elements toprovide can take advantage of the machine, it is because of the existenceof correction terms, a lot of people through unfair competition to obtain land userights, and then through the correction terms justify their own, so to avoid theadverse circumstancespreliminary mechanism, should strengthen cooperation in thedevelopment of real estate, only to determine the legitimacy of the purpose of thecontract, to play the correction terms meaning. The validity of the contract behavior led to thecontract, development business only through the specification developmentcooperation between the two sides, which funded valid, and determinethe finalprofit distribution system maximally avoid late development advancedistributionleads to the emergence of profit in the cooperative development of can notbe carried out smoothly. To make a long story short, the main legal problems tosolvethe cooperative development of real estate is to start from strengthening theearly access system and standardize the real estate developmentcooperation behavior, so as to achieve fundamentally protect the cooperativedevelopment of real estate purposes.