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Study On Private Right's Safeguard In Building Removal In The City

Posted on:2007-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:S G ChengFull Text:PDF
GTID:2166360212485397Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The basic of the system of house removal is the expropriation the right to use the state-owned land. In order to carry out city construction, the landowner, viz. the nation or the government which is a representative of the nation, take back the right to use the state owned land and make use of the land over again or transfer the right to others. Because house ownership right and land ownership right must be vested in a owner according to their characters, for the sake of using the land over again, the nation or the new right owner must remove the old buildings in the land, that the ownership may be transferred. This is the cause of the building removal in the city.According to the understanding of buildings removal characters, this article analyze the phenomenon from the private rights angle, and think it as an action in the private law. So, studying the building removal from private law and private right can understand it in-depth in theory, and can provide foundation to solve practical problems.Basing on embedded analysis on building removal, the article differ it by different aims. Commercial building removal and non-commercial building removal should apply to different legal system. By use for reference of other nation and district law and practical experiences, the article mainly analyzes the role of government in building removal.Besides, the article studies the relationship between building removal and land ownership, right to use the state-owned land, discuss rights above protection in building removal. Moreover, the article discusses the mortgager's profits and renter's profits in building removal, and the realization of profits protection.Nowadays, the projecting problem in building removal is compensation for the removal. The article mainly analyzes theory basis and principle, the standard of compensation and evaluation of buildings. Lastly, the article discusses the private rights realization in building removal from administrative procedure and judicial procedure.
Keywords/Search Tags:city buildings removal, expropriation, private rights, compensation
PDF Full Text Request
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