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Case Study on the Legal Validity of Contract on Purchasement and Sale of Co-Builted Department

Author: GuoLiPing
Tutor: LiuGuangHua
School: Lanzhou University
Course: Civil and Commercial Law
Keywords: co-builted department real estate transaction contract case study
CLC: F293.3
Type: Master's thesis
Year: 2011
Downloads: 153
Quote: 0
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Abstract


As a transition from welfare housing to commodity housing, cooperation housing greatly alleviates people’s pressure to buy houses, and it has been an effective embodiment of China’s real estate preferential policy. In the meantime, cooperation housing not only generates far-reaching influence on China’s economic life but also influences the legal field. With the rapid development of China’s economy and society, cooperation housing as a way of purchasing houses has existed widely in China, thus respective lawsuits become commonplace. This paper starts from a case analysis and discusses the disputes about cooperation housing, then researches on relevant legal issues and legal questions.This paper is composed of three main parts:In the first part, the author introduces the basic facts and disputes of a legal case about cooperation housing. It is filed and tried in the courts of three levels. In particular, it illustrates the facts found by the court, the ratio decidendi and the key points of disputes.The second part, as the core of the paper, deals with the jurisprudence of this case. Starting with basic concepts, it identifies the differences and connections between commodity housing and cooperation housing. Then, it analyzes the legal validity of cooperation housing.The third part suggests the principles and rules that have been applied to similar legal cases. Thereby there will be standards and principles to be followed in deciding this case. In the end, it talks about some legal conceptions that need improvement.The Conclusion of the paper briefly summarizes the significance of the research on regulating cooperation housing and related legal activities.

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CLC: > Economic > Economic planning and management > Urban and municipal economy > Urban Economics and Management > The real estate economy
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