Study On The Real Estate Co-exploitation Contract

With the rapid development of our economy, the development of real estate industry is increasingly rapidly. Due to the big capital investment,long production cycle,investment risk in real estate development , and the high quality requirements of the common housing, the independent real estate development become difficult gradually that real estate development mode in the cooperation of real estate development is more and more popular. But because of real estate co-exploitation contract involves land, contract, administrative examination and approval of legal relationships, and the contents of the contract due to its different, its properties and the rights and obligations of both sides of the constraints are very different, but the current law of real estate development cooperation have no systematic regulations. Thus there are many disputes of real estate co-exploitation in practice. This paper select the real estate co-exploitation contract for research object, by the real estate contract co-exploitation concept, characteristics, nature, and the effect of various analysis, trying to display the real estate co-exploitation contract more comprehensive.This paper is divided into four parts. The first part of the paper is focus on the basic issues of the real estate co-exploitation contract. This part of the paper firstly talks about the concept of the real estate co-exploitation and real estate co-exploitation contract, and then focus on the characteristics of real estate co-exploitation contract. The second part of the paper mainly expounds establishment and the effect of real estate co-exploitation contract. The general conditions and legal effect of real estate co-exploitation come into effect is analyzed in this part, and the impact of administrative examination and approval, registration to real estate co-exploitation contract effectiveness is analyzed more. In the third part of the paper mainly expounds several invalid real estate co-exploitation contracts in law, and several kinds of contract which have the form of real estate co-exploitation contract but for other properties of the actual situation also are analyzed. The last part of the paper makes some legislative Suggestions about real estate co-exploitation contract. The author in this part of the main Suggestions are as follows: the cooperation with only one allowed under the condition of the qualification of real estate development, has the qualification of real estate development project is one of the critical mass in more serious responsibility, No change in the use of transfer land use planning and project under the condition of the law, shall not be absolutely forbidden allocation of land use rights into the cooperative development of real estate market, and so on.