The Study On Transfer Of The Right To The Use Of State-owned Land In Residential Quarters

It is made of land, differentiate ownership of building and other subsidiary facilities in the residential quarters. The owners in the residential quarters have the co-ownership on the public area, which base on their exclusive right to the use. But it is the loophole in the law that lack of related legal provision to the extent of co-ownership. Currently, the public land in residential quarters does not register in the real estate ownership certificate and in the right to the use of land in some cities. The developer always reserve the public area in hand, and by the transference of transaction and mortgage to obtain the commercial benefits, which transfer the title in the public area and result in the conflict between the owners and the developers.The modify of the title lead to the transfer of the building, parking lot, green land, roof garden and other subsidiary facilities in the residential quarters. Thus, it is necessary to clarify the title and the subject of the building, parking lot and so on to solve and decrease the dispute. Otherwise, the termination of the right to the use of land still cause the change of the title, and the rational regulation would be valuable to solve this problem. The chapter demonstrate about how to register the title of the owner , which concerns the interests of the owners. The dissertation follows the thinking from the expounding the theory firstly, solving problems according to the theory secondly, and then enriching the theory finally. In addition, the dissertation mentions problems and analyzes several kinds of typical cases, and draws on the relevant laws and regulations of other countries to provide reasonable grounds, thus resulting in a general rule for reference in judicial practice.This dissertation is divided into four chapters. The introduction part makes an explanation on the purpose and the concept of the right to the use of state-ownedland of the dissertation. The first chapter demonstrates the basic theories on the transfer of the right to the use of state-owned land in china, which lays a theoretic foundation for the whole dissertation. The second chapter demonstrates the basic relation in the law of the residential area, which is one of the focal points in the dissertation. The chapter makes legal analysis on the right to the use of state-owned land transfer in different situations, such as the transfer of the building ownership differentiation, the ownership of the parking lot, the green-land to the use of state-owned land, the ownership of other subsidiary facilities, and the right to the use of state-owned land title when it terminated, which leads to the means to solve the dispute on these separately. The third chapter demonstrates the transfer and theory of the object right. By combining with what the second chapter discusses the basic relation in the law, introduces the theories of the range of object right, register, the expression, and the right to the use of state-owned land area from the right to exclusive use in the building. The fourth chapter demonstrates how to improve the system on the right to the use of state-owned land in the residential area. The chapter makes the legislative suggestions from the macroscopic angle to the microscopic angle and evaluates the provision on the right to the use of state-owned land of the residential area in the law relating to rights over things drafted plan. In this chapter, the author tries to make a point on the title of the right to the use of state-owned land in the residential area.