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随着我国市场经济的腾飞和房地产开发产业的日趋繁荣,房地产开发过程中的资金与土地资源趋现紧张。资金与土地合作的房地产开发模式是促进房地产产业健康发展的有效路径,然而,实践中的资金与土地合作开发模式却阻碍重重,其主要原因是缺乏相应的法律依据与机制保障。正当的法律依据,完善的法律规定,健全的法治保障是从根本上消除制度层面阻碍,避免各种纠纷,保护合作双方合法权益,确保这一房地产开发模式顺利进展的关键。
With the take-off of China’s market economy and the increasingly prosperous real estate development industry, the funds and land resources in the real estate development process have become tense. The mode of real estate development with funds and land cooperation is an effective way to promote the healthy development of the real estate industry. However, the mode of cooperation and development of funds and land in practice is hindered. The main reason is the lack of corresponding legal basis and mechanism guarantee. Proper legal basis, perfect laws and regulations and perfect legal guarantee are the key to eliminating obstacles at the system level, avoiding various disputes, protecting the legitimate rights and interests of both parties and ensuring smooth development of the real estate development mode.