Analysis On Validity Factors Of Contract In Cooperative Development Of Real Estate

Cooperative development of real estate is actually the integration of land, capital and other elements of real estate. It's a kind of civil behavior which correlative parties combine each of the elements by the contracts to complete the real estate's development and operation. The contact related to cooperative development of real estate has following legal characteristics:investment venturing, the profit sharing, risks undertaking; the parties of cooperative development own special qualifications; beneficial purpose; the land use rights are mainly obtained through transferring or lease.As to types existing in the contract, there are primarily two kind of practical patterns, one is the project-company cooperative development which sets up the new project company or in the form of increasing their investments and expanding stocks to carry on the cooperative development; the other one is non-project company cooperative development, which fundamental modes are "the association constructs" and "the senate constructs".The following issues related to the validity of real estate development contract should be given adequate attention:real estate development enterprise's qualifications, the investment of land use rights transferring without approval, the collective land employment right investment, approving issues, land use altering without authorization, handling the transference and registration of land use rights, not obtaining land use right certificates, etc.affect the contracts effectiveness. In the cooperative development of real estate, the validity of several special contracts should be clearly defined——the recognition and processes of four common cooperation contracts which are regarded as "unworthy of the name".In general, the contract which has "remedial provision" is called "unworthy of the name" cooperative contract. If the contract includes the provision, "one side bears no risk of real estate development",should be nature transferred in accordance with its specific contents. Such contracts are usually defined as the land use right transferring contract, the Housing contract for the sale, lease contract or loan contract. Its validity is suitable to the stipulation of laws and regulations in our country for the relevant "nature transferred" contracts.