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Research Property Vested In The Roof Plaiform And Utilization

Posted on:2020-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:X H XieFull Text:PDF
GTID:2416330575451734Subject:Master of Laws
Abstract/Summary:PDF Full Text Request
The roof platform,simply speaking,refers to the upper surface of the building,a platform for people to move,and has a protective effect on the house.In the past,people had no problems with the ownership and use rights of roof platforms.However,with the development of social life,the pace of urbanization has accelerated.The people who had not been in contact with each other and lived independently entered the same building and lived under the same roof.In particular,the development of science and technology and the changes in people's lifestyles have made everyone's common "eaves" more useful: because they are sunny enough to dry clothes and install solar water heaters;Due to its beautiful scenery,garden villas and swimming pool venues can be built;Because of its condescending,open vision,you can also set up advertising spaces,signal towers,etc..The use of various functions and huge commercial value have made the roof platform a target for people to use.However,due to the ambiguity of relevant laws and regulations,the ownership of the roof platform is not clear enough,and often causes people's rights disputes.Therefore,this article starts from the contradictions and conflicts caused by actual cases,analyzes the relevant theories and legal provisions at home and abroad,and combines the value needs of all interested parties,analyzes the rationality of the ownership of the property rights and the right to use the roof platform,and takes this as the basis.Try to explore the best way to resolve the disputes on the roof platform and through the relevant theoretical research to provide constructive theoretical basis for relevant legislation,thus promoting the perfection of relevant laws.First of all,in the introduction,this paper focuses on the significance,research methods and current research status of the roof platform.In the first chapter,the theoretical analysis is focused on the ownership of the roof platform.Starting from the definition of the scope of the roof platform,the relevant functions and characteristics are pointed out.Through the comparison of the domestic and foreign building ownership theories and laws and regulations,the theoretical basis and limitations of the current roof platform ownership regulations are analyzed.In the second chapter,starting from the conflict between the ownership theory of the roof platform and the actual interests,through the comparison between the existing theory of the ownership of the roof platform and the actual use of reality,the comparison between the advantages and disadvantages of the co-ownership and the exclusive rights,it is concluded that the best way to use the roof platform in real life is to set up the exclusive right to use it.In the third chapter,the author attempts to make a theoretical exploration on the establishment of the exclusive right on the basis of the common ownership of the roof platform,and discusses in detail the nature of the exclusive right on the roof platform,the feasibility of the establishment of the exclusive right,as well as the subject,form and limitation of the establishment.On this basis,the author sums up the relevant rights,obligations and income distribution of the exclusive use of the roof platform,and puts forward relevant legislative suggestions,with a view to contributing to the settlement of the disputes on the roof platform.Finally,in the conclusion part,the feasibility of implementing the exclusive use of the roof platform is expounded again,and on this basis,the theoretical possibility and rationality of implementing the exclusive use of the roof platform are further elaborated.
Keywords/Search Tags:distinguish all buildings, Roof platform, Shared, Exclusive right
PDF Full Text Request
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