The State Intervention On The Validity Of The Real Estate Co-development Contract

The real estate co development contract contains complex content, complex legal relations, extensive staff and property. If not handled properly it will cause social unrest. Therefore, states can't turn a blind eye to the contracts, it should be to protect the public interest for the purpose of, moderate intervention effectiveness of contract on the premise of protecting of freedom of contract the parties. Interfering with the effectiveness of the contract is one of the means of state intervention. State intervenes the effectiveness of real estate contract by a variety of ways. Firstly, the valid contract need effective factors, such as the legal requires parties to the contract have the corresponding development qualification, the parties express the true meaning, if their intention is false, the legal judge the nature of the contract according to their true meaning and estimate the validity of the contract. The subject of the contract is valid, that there is no right of defects on land investment. The country strictly limited the elements of co-development contract to minimize the risk of the contract null and void in the beginning of contract. Secondly, allow the parties to the contract corrected validity of contract through a certain behavior to revise the invalid contract to be the effective one. From the perspective of short-term, the effect correction system is reasonable, but from the legal system and long-term interests of society, this palliative approach should also be improved, it causes the enterprise seize the opportunities unscrupulously, develop and operate in the case does not meet the conditions. The Government abuses of power create rent-seeking. To build a mature and healthy real estate market must not rely on such illegal operators and should rely on the legislative body construct the coherent legal system, the law enforcement agencies fulfill their duties, and the judiciary deal with legal disputes fairly. Legislative, law enforcement, judicial should closely coordinate to promote the real estate market to a standardized and orderly direction together.