The Cooperation In The Development And Management Of Foreign Liability Problem Research

In recent years,China's real estate industry has been rapid development,and cooperation in the development of real estate business can be comprehensive utilization of various resources,effectively promote the development of the real estate industry,which has become the current real estate development business in one of the most important mode.In practice,the legal relationship of real estate cooperative development and management is more complicated,especially the issue of external responsibility,leading to disputes,which seriously hindered the healthy and orderly development of the real estate market in China.Without China's legislation on special provisions for the cooperative development of real estate,especially the external responsibility is not clearly defined,also leads to the loss of judicial practice,has become a problem of legal theory and judicial practice.In this paper,the Supreme People's court case for example,the focus of the real estate cooperation in the development and operation of foreign law to bear the responsibility,and put forward related thinking and suggestions.In addition to the introduction and conclusion,this paper consists of four parts:The first part is the brief introduction of the basic situation of the case,the cause of and the basic case.The second part is the case of disputes and disagreements,the company focuses on whether the company bear joint responsibility,which is to cooperate in the development of foreign legal liability issues,clarify the two different views.One view is that: the century of foreign companies should be jointly and severally liable,the reasons are as follows: first,based on the joint venture partnership,the company that company and gem Group real estate development cooperation partnership with associated characteristics,nature of joint venture pursuant to the partnership type,decided should bear joint liability;secondly,based on the common property relationship,think Golden Century Company and gem group cooperation in the development of the housing system of common property,should bear joint liability.Another view: the century foreign companies should not assume joint liability,the reasons are as follows: first,based on the principle of relativity of debt,Bohai company believes with the gem group contract debt is not specific,the century the company bear joint liability;secondly,based on the joint contract type,that between the company and the gem group company the contract belongs to associates associates properties in accordance with the contract type,the company should not assume joint responsibility company.The third part is the related legal theory and the research conclusion.One starts from the analysis of the legal nature of joint venture,joint venture,joint venture contract type and partnership joint venture,and the three were compared between the company and the company believes gem group joint venture contract belongs to the joint venture,in accordance with the contract characteristics independently associated responsibility,the company should not assume joint company responsibility.Two is to start from the principle of relativity of contract,the contract subject,content,responsibility is relative and breakthrough of contract relativity special case,that the company is not the construction contract,the case does not enjoy the rights and obligations,so the company when the company should not assume joint responsibility.The three is from the external property effect to analyze total foreign liabilities,except as otherwise stipulated by law or third people know that there are people with no joint credit debt relationship,in principle,assume joint responsibility,exceptions and the case belongs to the property of the external effect,so the Company Ltd.not shall bear joint liability.The fourth part is the research of the case,one is to sort out the existing legislation of our country,think foreign partnership does not necessarily bear joint liability;the two is whether the joint venture partnership to register as a standard,that the bulletin of the Supreme People's court cases and relevant judicial interpretations have not to register as a standard,not in conformity with the relevant provisions;three the lack of cooperation in the development of the real estate business legislation mainly includes: no legislation specifically for real estate development cooperation,the nature of cooperative development contract provisions are not clearly defined,cooperation in the development of the third person responsibility is not clear,the lack of regulations on cooperative development contract review,and no type of real estate development cooperation with the provisions of the business.The four is to address the lack of legislative proposals,including: establishing specialized cooperative development of real estate law,clear nature of the cooperative development contract,increase the provisions of cooperation in the development of the third person of responsibility,establish a review mechanism for cooperative development contract,as well as a type of real estate development business cooperation refinement.