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Research On Ownership Style Commercial Real

Posted on:2019-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:G L YanFull Text:PDF
GTID:2416330545965987Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Ownership of shops do not have an accurate concept,ownership of shops monism and dualism controversy no result.There are almost no legal provisions for proprietary shops,and the actual problems of proprietary shops are basically based on the rules and policies of local governments.The government of different places has a big gap between the regulations of the shops of ownership and the recognition of the legitimacy of the shops of the ownership in some places and the registration of the shops of the ownership.Some places do not recognize the legitimacy of proprietary shops,strictly prohibit the sale of proprietary shops.Courts also have different attitudes towards proprietary shops,especially with regard to the nature of the rights of the title stores.Some courts consider that the ownership of the franchise is co-ownership;some courts consider the ownership of the building to be divisional;and some courts only claim the ownership of the franchised store as ownership,and the type of rights to which the exclusive right belongs is not clear;Even some courts did not make judgments on the types of rights of shops with proprietary rights,but only found that the shops involved were shops with proprietary rights.Although there are different views on the types of courts in the ownership of the title stores,most courts treat the dispute over the ownership stores in the same way,giving priority to the interests of most of the owners and giving priority to the overall management of the title stores.It is not uncommon for the courts to find conflicting judgments in the claims of ownership of property-owned shops that do not support owners' claims but only a minority of courts support the petitions of a few owners.Ownership of shops itself can be exclusive,with specific,independent,physical,and proprietary shops with the structure and use of independence,can become the object of property.Ownership Owners of shops do not share the meaning of shops with others and therefore are not shared.Nor is it possible to own the ownership of all the title stores in the entire commercial property,so it is not common to all.Ownership shops are the exclusive parts of ownership,the parts that must be shared by multi-storey buildings are the common parts,and the owner of the shops also share common management rights based on the common parts.Therefore,the right type of the owner-occupied shops should be the ownership of buildings.Although there is no dominant physical division of thephysical shops,but this is based on the special business model shop needs.Ownership of shops can use the appropriate technical measures to determine the boundaries of the dominant business.Therefore,the ownership of shops should be allowed to register in the real estate register.In our country's ownership of shops,the most prominent problem is the conflict between the owner of the shop owner's rights and the overall interests of the mall can not be straightened out.At present,there are three kinds of opinions on the system design of proprietary shops in academia,but none of these systems can well solve the existing problems of proprietary shops in our country.The concept of partnership should be introduced into the mode of operation of proprietary shops,and the investor organization should be understood as a similar partnership organization in order to resolve the existing contradictions.
Keywords/Search Tags:Ownership of shops, Property rights, Building distinguishes ownership, Real estate publicity
PDF Full Text Request
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