Research On Legal Problems Of Property Right Type Shops

Property type shops in the legislation of our country has not been clearly defined, as a new mode of commercial real estate, from foreign countries resort to the business model of the hotel style property gradually evolved to, and in the rapid development of our country,because there is no legal rules to this shop, the development of the property type shops triggered a lot of legal issues. This paper from the property type shops and timeshare hotel,property type of hotel, comparison of production characteristics in shops, independent property shops and virtual property shops distinction, understand the developers in the commercial land development for property type shops, divided into the size and area of shops for the sale of, to establish ownership relations “housing sales contracts,” and to “lease”limiting the owners the right to the use of, formation of ownership and right to use the actual separation in a certain period of time, by the developer or a third party for unified management, foreign leasing owners on schedule to receive rent of commercial real estate.According to the physical characteristics of this shops, the nature of right and can is divided into two, one is four shops are clear, the wall that separates the formation of condominium ownership of the independent property shops, and the second is between the shops in the plane are closely linked, in the space without wall separated by a total of virtual property shops. Combined with China’s status quo about legal provisions of property shops, and the presence of developers illegal changes in land use, illegal after-sale charter, the plight of the property right registration and property type shops operating system problems, put forward built on the development of the property type shops with the supervision mechanism and the developers credit record system construction, to confirm the legal effect of the contract and cancel the charter provisions for the prohibition of sale of property shops, On the issue of the registration of independent property rights of the distinction between the ownership of the registration and the registration of virtual property shops in a total of registered, to establish the developer’s own shop guarantee system at the same time to a certain extent, to limit the exercise of the exclusive right of the owner, in order to ensure the continued operation of the property type shops, on the authority of the Management Committee owners, respect for most of the owners of autonomy and to protect the lawful rights and interests of the minorityowners, in legal regulation system design and improve step by step property type shops operating, making property type shops can be a healthy development.