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Analyses On The Law Problems Of Land Space Right In Our Country

Posted on:2008-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:H S FanFull Text:PDF
GTID:2166360212985946Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Land space rights are the rights that just meet with the above tendency in the field of real property law. Nowadays, many developed countries have been instituted the system of land space rights; however reviewing our country, there is no legislation correspondingly for reference or forming the rule of legal precedent, even the research of academic theory also exists some essential questions to be resolved. In view of this, especially according to the abroad legislation, theory and legal precedent, as well as considering the legislation situation of our country, we make an research for the important legal questions about land space right in our country, with a view to offering some references of resolving our nation's related questions in respect of legislation, judicature and legal practice.In addition to introduction and conclusion, this paper is divided into three parts. The first part researches the elementary questions existed in land space right theory. It firstly discusses the meaning and characteristic of "space", and argues that the civil object of land space right is space that lies out of the scope of surface right. Then, it discusses the meaning and characteristic of land space right, makes the attribution of land space right clear. Lastly, it constructs the system of land space right, removes the space use right of the nature of creditor's rights. Second part puts forth effort to study land space right of our country. It firstly introduces the present situation and related legislation of exploitation and usage of land space right of our country, and then analyses the taking and the elimination, the term and exercising restriction, the coordination of the relation among land space right and other rights in our country. It tries to blaze the relationship between land space right and traditional land right, in order to establish the independent legal status of land space right. The third part researches how to construct the law pattern of land space right in our nation. First, it observes the situation of legislations among foreign countries, and comparatively sums up three kinds of legislative example of land space right. Then, it analyzes the differences among the two drafts of civil code of China and the new Owership Law. Finally, it offers the advice concerned the law pattern of land space right of our country in this paper is laying equal stress on basic law and separate regulation.This article has collected massive law datas and academic materials related land space right in the foundation of investigation and studying, and uses the method of comparison, law economic analysis, theory to reality, in order to solves the problems by the materials. As to the methodology in the article, the author carried out a pure pragmatic method and a deductive method to observe the situations and possibilities of land space right in legal practices. In basis of this, the author applied to analyze the different sub-rights in land space right system, then arranged rationally those sub-rights to the law pattern system of land space right in our nation.
Keywords/Search Tags:Land space right, Space Ownership, Space Superficies, Space Servitutes Praediorum, Law pattern
PDF Full Text Request
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