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Analysis on the Right to Use the Space of the Condominium Building

Author: WuWenPing
Tutor: ZhuQuanYing
School: Xiamen University
Course: Civil and Commercial Law
Keywords: the Space of the Condominium Building the Right to Use the Space
CLC: D923.2
Type: Master's thesis
Year: 2009
Downloads: 105
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Abstract


Land is one of the most important means of production and subsistence of human society.And land is so exiguous that it must be used adequately.So people need to use the space."The right to use the space" is not a new word in China.During the period of the constitution of Property Law of China,a lot of scholars had discussed the issue whether we should had independent right on space,on which they argued drastically. With the cease of the legislation constitution,the discussions have stopped gradually. The purpose of this article is to call on more scholars and legislators to pay attention to the system of the right to use space of the condominium building and to work on it thoroughly.Except the introduction and the conclusion,the article containts three chapters.In the first chapter,the author analyses the basic conceptions about the right to use the space of the condominium building,and then expatiates on the space of the condominium building and the use of it,which indicates that the space of the condominium building is used increasing widespread.Then the author introduces the basic theories on the right of space and analyses the structure and characteristics of the right to use the space of the condominium building.The second chapter is the most important part of the article.In this part,the author first describes different cases of the use of the space of the condominium building and its effects.Secondly,the author analyses different kinds of collisions on the use of the space of the condominium building,including the collisions on obliges, objects and collisions between the right to use the space of the condominium building and other rights.At last,in the finality of each subchapter,the author tries to put forward the approaches to solve each problem above.If all the problems were solved perfectly,the space of the condominium building will be used more adequately.The third chapter is the last part of the article.In this part,the author gives some suggestions on the right to use the space of the condominium building.The ignorance of legislation should be changed in the process of the legislation of property law,and the main rules of space right should be built.In addition,other legislations should be done to improve the whole system.With the guidance of the law,the space could be exploited more efficiently.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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