Study On The Ownership Issue Of The Empty Space

In China, empty space has been widely used in some large and medium-sized cityresidential district. However, the dispute focusing on the right of empty space ownership isrising in recent years. Theories are unclear and lack of relevant laws and regulations leads tothe disputes. The main point of this paper is that to determine the classification of ownershipof empty space and the processing mechanism of empty space ownership dispute is verynecessary. The basic idea of this paper is that starting from the property attribute of emptyspace, definition of attribution should firstly choose the correct standard, and according to thedifferent kinds of empty space the definition of attribution also should be different. In the endof this paper, processing mechanism of empty space ownership dispute is proposed.This paper is divided into two parts of introduction and main body. The introductioncontains the research purpose, theoretical significance and practical value, research methods,innovation etc. The main body is divided into four chapters. The first chapter investigatesconceptions on empty space and some other things closely related to the empty space andanalysis the property of empty space, obtaining that empty space is not accession things of thebuilding, it is the co-owned part of the building. The second chapter clarifies the standard ofempty space ownership and judges the empty space ownership in the use of volume ratestandard. The third chapter investigates the current laws and regulations of our country,pointing out advantages and disadvantages of our country’s existing legislation. The forthchapter puts forward the processing mechanism of empty space ownership dispute, includingbuilding a complete property management system, promoting legislation pilot, buildingproperty management system, issuing judicatory explains and using reversion of burden ofproof.