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On Space Superficies

Posted on:2007-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:X H ChenFull Text:PDF
GTID:2166360185469148Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
It becomes a universal tendency to make use of land three-dimensionally in today's world. A lot of countries, in the ceremony of civil law, or via establishing special law or judicial legal precedent, or through establishing other related laws have established legal system concerned with making use of space of up or under the earth's surface. In our country, although the phenomenon of making use of space is universal, the concerned legislations are laggard, and the research of academic theory is at the beginning. In view of this, according to the abroad legislation, theory and legal precedent, this paper make a research for the important legal questions such as the generation and the wield of the right of making use of land, with a view to offering some references of legislation and legal practice. This paper will discuss in the follow parts:The first part is the overview of space superficies. Space superficies is the right that build constructions in the space up or under other's land. The establishment of space superficies is important for a country's law theory and the development of social economy.The second part is the fundamental theory of space superficies. According to this paper, the essence of space superficies is that it's a special superficies that generate from land ownership; The establishment of space superficies will not be conflicted with the principle of one object one right; The establishment of space superficies also tallies the principle of common shows The establishment of space superficies manifest that law encourage to make use of resources efficiency, saved the transaction cost.The third part is essence of space superficies. The establishment of...
Keywords/Search Tags:Space Right, Superficies, Space Superficies
PDF Full Text Request
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