Legal Analysis On Contractual Disputes Of Land Use Rights

Market economy driven the secondary land market prosperity, because there exists spontaneous, blind, lag default in the market economy, the law of real estate imperfectly and market players seek to maximize the interests of the target, property rights system imperfectly and so on, land has feature of the scarcity and non-renewable and the real estate has the cycle and high-risk characteristics, caused the contradiction development of the market economy contracts and drop into the dilemma that contractual flaws, defects validity, how to identify. In this master paper, choose the case of the Chongqing Salter and Wanji rights of the land use, in order to identify the contradiction of the contracts, such as:the nature of the land use contract, validity of the contracts of the defect contracts, and premise the both breach of the contract, the breach should how to determine and the amount of the default should how to determine. Obviously, it can improve the efficiency, reduce the blind and promote the development of the economy.During this paper, the core of the paper is the validity of the defect contracts. This paper used the specific case called land use right dispute of the Chongqing Salter and the Wanji, identified the nature of the contracts, validity of the defect contract and so on, in order to prove the validity of the defect contracts. Firstly,soft the case, clear the focus and compare the three trials results of the case; secondly, compare the nature, elements, outline of the cooperation contracts with the transfer contracts, in order to identify the nature of the contracts; thirdly, among the factors, such as use the right of eliminate, the different model of real estate have the different validity of the defect contracts, expected benefits have the important influences to the defect contracts, rights guarantee has the influence to the defect contracts, among these elements, identified the validity of the defect contracts. Fourth, the nature of contract and validity of defect contract have in a rule, identified the distribution of the breach. Fifth, during the advantage analysis, combine the condition of China, choose the mode of real estate mode. In the last, in order to improve the feasibility of land use right and promote the development of the economy.