Contract Of Co-operative Developed Real Estate:Qualitative And Judgement

The contract of co-operative developed real estate refers to the civil agreement with the right to use land,capital and technology as the investment content,the basic characteristics of which are joint investment,profit sharing and risk sharing,and the main content of which is the development of real estate projects.For the cooperative entities,co-operative developed of real estate has good effects in alleviating financial pressure,improving resource utilization efficiency,reducing operational risks,enhancing project competitiveness and achieving complementary advantages,so it has gradually become the mainstream mode in real estate development practice.However,due to the internal reasons such as various types of co-operative developed of real estate,complicated legal relations,difficulty to judge the nature of the contract,as well as the external reasons such as the lack of relevant legal norms and legislative guidance,the frequent disputes in the contracts can not be effectively resolved,and the original civil law is ignored by some judicial decisions under the combined influence of reasons mentioned above.Civil law principle and methodology further hinder the healthy development of cooperative development of the real estate market.Therefore,this paper takes the adjudication of the co-operative developed real estate contracts in judicial practice as the research object,combs and analyses the disputes of adjudication,corrects the wrong opinions of adjudication,clarifies the criteria of adjudication,and tries to establish the judicial rules of unnamed contract.In addition to the introduction and conclusion,this article is divided into four parts:In the first part,by enumerating two typical cases of contract disputes in co-operative developed real estate and analyzing other relevant cases with big data,the author reveals the current situation of judicial trial of contract disputes in co-operative developed real estate in an all-round way,and points out that the difficulties of judicial practice in dealing with such disputes,which mainly are judging the nature of the contract,the validity of the contract and the ownership of real rights;The second part mainly elaborates the judgement viewpoint of judicial practice on the qualitative issue of the co-operative developed real estate contract,including defining the theoretical connotation of the co-operative developed real estate contract at first,then outlining the controversy of legal nature and transfer jurisprudence of the co-operative developed real estate contract in the theoretical realm,and clarifying judicial practice again in distinguishing the co-operative developed real estate contract and several other types of confusing contracts.In the end,the article puts forward that the main idea of adjudication is the contract of co-operative developed real estate is unnamed contract.The third part mainly elaborates the judgement rules of judicial practice on the validity of theco-operative developed real estate contract,mainly including the lack of qualifications for real estate development and operation,the allocation of land use rights as capital contribution and the collective land use rights as capital contribution.The fourth part mainly outlines the ownership of real rights under the mode of co-operative developed real estate.Based on the consistency of the right and benefits of real estate and the real right change mode in China,the article discusses the rationality of acquiring real rights based on construction behavior and co-operative developed contracts.The ownership of real rights under the contract is comprehensively expounded from the two levels of original acquisition and subsequent acquisition.