Several Legal Issues In The Dispute Of Real Estate Development

Real estate co-exploitation is the organic development pattern of setting these asone, land resources, operating fund and development qualification,but in the juridicalpractice it also faces with many disputes, controversies, difficulties.This papertakes a real case for instance,which have caused dispute that one party offering theland, the other offering the funding, advanced development experience anddevelopment qualification that cooperated in the development of real estate projects.The paper’s first part introduces the basic situation and the focus disputes.The secondpart, respectively, in view of three disputes,the nature of the contract, plot ratio andthe way to handle the management authority in the registration, analyzedtheoretically and draw its conclusions.The third part according to the relevantprovisions, Interpretation of the Supreme People’s Court on the right to use thecontract dispute case applicable legal trial involving the state owned land, has carriedon the theory introduction and elaboration on several basic legal issues,the concept,character and force of the co-development contract of real estate. And also, because ofthe volume rate of conceptual confusion and misunderstanding, lead to differentgovernment departments having different ways to confirm plot ratio, and eventuallycause the disputes in the real estate development. This paper based on the definition,classification of plot ratio, and discuss on the approval and management of volumerate, analyzing the situations of developers in the case changing the volume rate,providing some relevant legal suggestions on the management of the plot ratio.Finally, it suggested that should build the advance notice registration system to protectthe interests,the both parties in the real estate co-development, according to judicialpractice in handling disputes over the case status quo, and by analyzing the concept,nature, effect of the advance notice registration system.