Published online by Cambridge University Press: 09 July 2025
This chapter begins by defining Construction Land Use Right (CLUR) as the legal rights granted to entities or individuals by the government to use, possess and profit from state-owned land designated for construction purposes. The chapter outlines the creation of CLUR, detailing the processes of obtaining these rights through allocation or paid use, and the importance of registering these rights to ensure legal recognition and enforceability.
The chapter further explores the contractual aspects of CLUR, including the key terms and conditions that must be included in CLUR contracts and the debate on whether these contracts are civil or administrative in nature. It highlights the significance of compliance with administrative regulations and the consequences of non-compliance.
Additionally, the chapter delves into the transferability of CLUR, discussing the conditions under which allocated CLUR can be transferred, leased or mortgaged, and the legal implications of multiple transfer contracts. It also examines the revocation and extinguishment of CLUR, detailing the grounds for revocation by the government for public interest and the procedures involved in such actions.
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