Contract Issues in Real Estate Development and Operation

Author: Zhu Zhengfu
Publisher:
Publish Date: 2005-06-01
Features: This book closely revolves around the contract legal issues in each stage of real estate development, operation, and management. It does not merely discuss legal principles and rules in a general manner, nor does it present simple legal popularization. Instead, it takes the process of real estate development, operation, and management as the main thread and uses the various contracts involved and the legal issues they present as entry points. This provides a relatively comprehensive perspective for studying real estate law and offers insights into the conflicts and balances of interests among all parties involved in the development, operation, and management of real estate. The three authors of this book are based in Guangdong, one of the most developed real estate markets in China, and have long been engaged in real estate legal practice. As legal professionals at the forefront of legal application, they have a unique perspective on understanding and researching real estate legal issues. Therefore, I am delighted to recommend this book to the readers. The book focuses on thirteen types of contracts involved in the entire process of real estate development, operation, and management. By analyzing their main terms and the problems encountered in their application, it proposes solutions to the conflicts and balances of interests among all parties involved in the development, operation, and management of real estate, thereby helping to avoid disputes and disputes in practice. "Land is the mother of wealth." Regardless of how the economy and society develop, land and the real estate and other property rights based on it have always been the main content of social wealth. The series of legal issues arising from real estate development, operation, and management are also issues that legal professionals need to seriously think about and face. In fact, traditional property law is centered around immovable property and the various rights attached to it. Due to specific historical reasons, China has gradually formed a set of real estate laws and regulations in the absence of a property law as part of civil legislation. After the founding of the New China in 1949, the newly established state power promulgated the Land Reform Law in 1950, marking the beginning of the trend of state policy intervention and regulation of immovable property relationships. Since the formation of a highly centralized planned economic management system, China has primarily adjusted immovable property relationships through administrative means. This management system, both in form and content, requires a real estate law with a strong administrative character, rather than the traditional civil property law system centered around concepts such as "sacred private rights" and "private legal autonomy," which emphasizes the confirmation and protection of immovable property rights. As a result, most rules governing property relationships between equal subjects are absorbed by real estate law, giving it a certain degree of administrative and public law characteristics. Since the reform and opening-up, although legislation related to real estate has been continuously increasing, these laws and regulations still primarily reflect the vertical management and supervision relationship between the government and real estate relationships. For example, the Provisional Regulations on the Construction Land of Sino-foreign Joint Venture Enterprises promulgated by the State Council in 1980, the Regulations on the Construction Land Use in Villages and Towns promulgated by the State Council in 1982, the Land Administration Law promulgated by the Standing Committee of the National People's Congress in 1986, the Urban and Rural Planning Law promulgated by the Standing Committee of the National People's Congress in 1989, the Provisional Regulations on the Transfer of Urban State-owned Land Use Rights issued by the State Council in 1990, and the Urban Real Estate Management Law promulgated by the Standing Committee of the National People's Congress in 1994, etc. Although these laws and regulations are important components of China's real estate law, their legislative spirit and adjustment mechanisms still retain a strong administrative color, emphasizing the planning, management, supervision, and regulation of real estate relationships by the state. Strictly speaking, real estate law is a typical comprehensive legal system, and its development, operation, and management process involve numerous basic civil and administrative legal systems, such as property law, contract law, land administration law, urban planning law, real estate management law, company law, and so on. The legal relationships within this system are intricate and complex. Since the late 1980s, with the implementation of the land use rights transfer system, China's real estate market has experienced сверхнормативный rapid development, and the institutional arrangements related to it have gradually become clearer from chaos. During the process of establishing and improving the system, a large number of legal disputes have arisen due to the lack of regulations, and the trend of disputes increasing year by year. Therefore, although China's current legislation on real estate management is gradually becoming more complete, the legal system of real estate rights, as part of property law, still needs further improvement. The three authors of this book are based in Guangdong, one of the most developed real estate markets in China, and have long been engaged in real estate legal practice. Therefore, the book closely revolves around the contract legal issues in each stage of real estate development, operation, and management, without merely discussing legal principles and rules in a general manner or presenting simple legal popularization. In this book, Lawyer Zhu Zhengfu and others attempt to take the process of real estate development, operation, and management as the main thread and use the various contracts involved and the legal issues they present as entry points to provide a relatively comprehensive perspective for studying real estate law and offer their own insights into the conflicts and balances of interests among all parties involved in the development, operation, and management of real estate. I believe this is a beneficial exploration. Law is a highly practical social science, and the prosperity of legal studies depends on the joint efforts of all legal professionals. As legal professionals at the forefront of legal application, lawyers have a unique perspective on understanding and researching legal issues. Therefore, research by lawyers at the theoretical level of law is also very important. Therefore, I am delighted to see the publication of this book and am happy to recommend it to the readers. May the publication of this book serve as a new bridge between legal practice and theoretical research.