The Research Of The Spatial Using Right

From Roman law times to modern times , the land usage of mankind emphasizes generally the exterior of the earth's surface .Exercising of land ownership reaches the surface and the underground. However , up to the today with the development of social industrialization, with population expanding and urbanization process speeding up , the limitation of the earth's surface makes mankind get in urgent need of developing and utilizing space .In the city , the successive appearance of land three dimensional usage such as overhead railway, air corridor, underground market etc.The social life transformation causes the legal development inevitably, when the land transforms from "the plane development use" to "the three-dimensional development use", 19 century's ends at the beginning of 20th century, the certain scope space produced take the surface about as object spatial usage right. Spatial usage right as one kind of new right, its production alleviates the land resource in deficiency, the solution actual center massive existences space has provided the solution basis using the dispute. At the same time also has laid the legal foundation for the spatial development use.Up to now for to, spatial usage right already by the majority national legislation, the legal precedent is established. But, says in our country land area, spatial usage right still is one kind of new right, the spatial usage right legislation just starts. The taking this into consideration, This article becomes the real right object from the space to obtain, through reference overseas as well as our country Taiwan area vertical legal regulation, discussion space usage right's real right attribute. In this foundation, through spatial usage right and other real estate real rights comparisons, definites spatial usage right existence independence and usability. Finally, the union above proof constructs suits our country the spatial usage right system, by the time hoped may deepen the people taking advantage of this to ponder to the spatial usage right law, the promotion space right uses the power the establishment and the consummation.