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Research On The System Of The Space Superficies

Posted on:2013-03-10Degree:MasterType:Thesis
Country:ChinaCandidate:J J LiuFull Text:PDF
GTID:2246330374956614Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the development of urbanization, population explosion and stereo development of space have become the main trend. Based on this situation, many countries amended the former space system. The countries with civil law system make some supplement that the range of the superficies should include surface, overground and underground, making the development of the whole space into the system of space superficies. Generally, the system on surface is defined as the ordinary superficies, and the system on space as the space superficies. The Chinese government also extends the range of the construction land in Rule136of Real Right Law of the PRC. The supplement is of great importance in society, which makes overground and underground space the depend right objects, and provides the guarantee in law for the stereo development of space in China making full use of the space resource. However, compared with the system of space superficies in the countries with civil law system, in our country the related rules in Rule136of Real Right Law of the PRC are too simple and principled, having little guidance to the practical application. The paper made some research on the space superficies in the countries with civil law system, and put forward some suggestions for the system of space superficies in our contry. I do hope these suggestions can be useful for the development of overground and underground space and full use of space resource.The paper includes four sections except introduction and conclude.The first section is the outline of the space superficies. First, the author defined what is the space superficies--The object of the system should be the space overgrond and underground. Second, discussed the characteristic of the space superficies--it is not only a sole class of real right, but also a special form of the fomer superficies. Third, analysed the creation of the space superficies if it is a violation of traditional real right theory--it does not go against with the principle of "one thing, one right" and the system of Real Right, and enriches and develop the theory on objects of traditional real right. The second section is the comparison of space superficies among different countries. By historical review, the author makes a brief introduction of the space superficies in the countries with civil law system, and classifies it as two patterns:one is the countries that put the space superficies into the rules of tradition superficies, such as Germany, Japan; the other is the countries that set the space superficies in a packed pattern into the special laws, such as Taiwan. Each country adapted respective pattern according to their own social situation. The related rules about space superficies in our country refer to the patterns of Germany and Japan, which is advanced and scientific.The third section is the acquisition of the space superficies. The author thinks the difference between the space superficies and the ordinary superficies exists only in quantity rather than in quality. Therefore, as for the aquirement, alteration, elimination and effect, we can follow the ordinary superficies. The space superficies has its own characteristics because it manages the space part. So the author discusses the different part between the space superficies and the ordinary superficies in this section: first, special features on contract terms; second, special features on registration of rights; third, special situation on rights setting.The last section is some suggestions for the space superficies in our county. In rule136of Real Right Law, it defines two kinds of right:one is the right to construct on the surface of the ground; the other is the right to construct in space. There are not the specific names for the two kinds of right in law. In this paper, the author defines the former right as the space superficies following the countries with civil law system, the latter one as the right to use construction land based on the tradition system. Although the author adapts the same name, there are some differences in the space superficies between our country and the countries with civil law systm. Compared with the countries with civil law system, the space superficies in our country are too principled and simple. At last, the author puts forward some suggestions for the system of space superficies in our country.
Keywords/Search Tags:Superficies, Space superficies, The right to use construcion land
PDF Full Text Request
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