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The Ownership of the Space Right Above the Condominium Building

Author: GaoXiuJun
Tutor: LiXianDong
School: China University of Political Science
Course: Civil and Commercial Law
Keywords: Roof space Condominium ownership Space right The right to the use of space Legislation
CLC: D923.2
Type: Master's thesis
Year: 2006
Downloads: 356
Quote: 1
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Abstract

With China's urban population continues to increase and the relative shortage of land resources, the three-dimensional development of the land up and down space to take advantage of the inevitable choice of the people. Take advantage of the diversity of the roof space has a very high commercial value, so will inevitably give rise to the right to dispute. Delicate position of roof space, to distinguish the outer edge of the building, on the physical properties of the closely linked with the roof, and the base of the building originally belonged to one, its use involves two kinds of condominium ownership and the right to space the system. The two systems is almost a blank in China's legislative, can not follow, dealing with disputes is no legal basis for the use of the roof space, and the doctrine of the theoretical differences exacerbated by the practice of confusion, so the roof space on the right need for affiliation with abstract theoretical and legal significance summarized and analyzed and discussed. This paper attempts to departure from the practice, through analysis and comparison of the doctrine and practice, the right to the roof space to explore. In addition to the introduction, conclusion, this paper is divided into five chapters: the first chapter, to distinguish between the roof and the roof space of all buildings. According to the theory of condominium ownership, the roof, to distinguish between the common part of all buildings. Roof space with the roof on the physical properties are closely related, both in the habit as a whole. Practice and theory tend to the vesting of the roof of the presumption of ownership of the roof space. In this paper, the roof space with the base and the roof of the analysis of the relationship the vested and use of the roof space confirmation. Countries enjoy our implementation of public ownership of land, the ownership of the roof space, condominium ownership is the right to use. The second chapter, a certain space on the roof of the possibility of a space object of the right. Specific space can become the object of real right, accepted by most scholars. However, according to the traditional theory, the roof space is the space within the disposal of land use rights, its ability to become such a space object is not without controversy. To solve this problem, we must first define the spatial extent of the land use rights. Through the comparative analysis of the various theories, although the spatial extent of the land use rights to limit the legal direction of development, but in the case of the prior absence of an agreement, how to determine the spatial extent of the land use rights of the lack of uniform standards, only as the spatial extent of their disposable landowners. Therefore, the departure from the actual situation of China's utilization of space, land use rights disposable within a certain space can be separated from the object of the right to become an independent space. Conditions under the roof of a space to meet with independent economic value and disposable land ownership, the right to use human third set space rights, the right to object in space.

The Ownership of the Space Right Above the Condominium Building

Abstract

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