Legal Risk In Co-development Of Real Estate And Its Avoidance

Cooperative development of real estate has outstanding characteristics like highly cooperative,involving large amount of cash,significant social influence and etc.As building and land are integral part of the social wealth,the real estate economy is the important pillar of the national economy.With the rapidly development of cooperative development of real estate market,its legal risks appear gradually.Although there are some laws which regulate the market and also some typical cases as reference,regulations and policies couldn't meet the requirement of co-develop real estate market as the market conflicts is on a trend of typification and diversification.Besides,it is lack an attitude of cautious when sign and perform the contract of co-develop real estate.Therefore,based on the research of legal risks,the reason of it has been analyzed deeply.Some relevant problems in co-develop real estate also has been studied.The conclusion is based on the research above and may be the reference for legal avoidance.One party provide cash and the other provide land's tenure is the form of co-develop real estate.However,in practical,there is the phenomenon of both sides provide case and land together.As the former way of cooperation is much more common and is with more value of research,the study of risk and legal avoidance are based on it.The full text is with 25000 words and including three parts bellow:Firstly,the legal risks in co-develop real estate has been analyzed.This part is a basic introduction including the risk type and relevant law and regulations.Furthermore,the risk including risk of contract effectiveness,one or both of default risk,the risk of ostensible agency,and risk of profit distribution.Secondly,the reason of risk has been studied from the perspective of the parties,the legislative,administrative and judicial.Whether the "effect correction" in the system of legislation should also be unrestricted used;the bad influence that the administrative organs "power rent-seeking" brings,cooperation subject reviews contract incautiously,ignore the development qualification,the judicial acknowledgment of cooperation development of real estate contract is not clear,all of these reasons are discussed in this section.Thirdly,the avoidance of risks has been discussed on three perspective of law's improvement,administrative interventions strengthen and establishment of risk's control and prevent.The parties discuss the avoidance of risks in the cooperative development of real estate from two aspects of special and general layers.First of all,for both sides of the cooperation,namely land-supplier and architects,this paper analyses how to avoid risk according to their different characteristics.For the legislative level,this paper offers advice about the system consummation and effective correction system.In terms of administrative supervision pre-regulation and regulation matters as important are equally important.In a word,this chapter discusses the general path of risk avoidance in cooperative development of real estate,that is both sides establish risk prevention to governments strengthen supervision and to improve the relevant legislation.