The Restrictions On The Exercise Of The Rights Of Property Shop Owners

Property shops are a kind of commercial real estate,which are produced in real estate developers' cutting-apart sale of operational real estate.This kind of real estate began to appear in China in the 1990s and then developed rapidly.Although their existence is reasonable,the risk cannot be ignored.Especially when the agreed period of operation comes to an end,the subsequent development of property shops is in trouble due to the absence of any agreement and legal provisions.To avoid the waste of real estate,and making it possible to continue to operate and generate investment returns,it is necessary to limit the way in which the shop owner are exercised,and promote the unified use of shops.The starting point of this paper is to realize the effective use of the whole mall by restricting the exercise of some rights,thus protecting the interests of all shop owners.This paper is divided into six parts.?The first part aims at raising the question.Based on the widespread property shops' disputes in practice,it is pointed out that the essence of most disputes lies in the contradiction between the owner's free exercise of the right to shop and the actual need for the uniform operation of the store to exert greater utility.In order to solve this contradiction,to protect the interests of retail investors and realize the value goal of making the best use of the goods,it is necessary to impose certain restrictions on the exercise of the rights of the owners.?The second part introduces the related concepts,types and property rights of property shops.The main value of the classification of virtual property shops and independent property shops is that the restrictions on rights are different.The rights of virtual property-based shops are subject to stricter restrictions.?In the identification of property rights,it mainly explains that property shops have the characteristics of structural independence,indepen dence of use,and can be registered as objects of property rights.Therefore,they belong to the building ownership,not by share.The essence of rights sets the tone for the restrictions on the exercise of rights in the following study.The third part combs and summarizes the restrictions on the property shops as ownership-divided buildings,including statutory restrictions and intended limits.The general restrictions on the exercise of rights shall not violate laws and regulations,public order and good customs,and shall not harm the public interest and the legitimate rights and interests of others;as a special neighbor relationship,there shall be certain tolerance and assistance obligations between the owners;and as an exclusive part of ownership-divided building,the owner's exercise of rights shall not impair the overall safety of the building and shall not be used in a manner that violates the general purpose and purpose of the building.The exercise of the rights of owners of independent property shops and owners of large-scale virtual property shops is also carried out under a certain legal framework and must not be abused.The fourth part puts forward that due to the particularity of property shops,the traditional restrictions have limited effect on the effective use of shops,and the restrictions of collective resolutions need to be introduced,and the rationality,content and procedures of collective resolution restrictions should be considered.Through analysis,it is pointed out that property-based shops are different from the general distinction between all buildings in the two-tier structure of the store utilization mode and the investment purpose of the owners.This difference leads to different ways of protecting by law,in order to restrict the owners to meet the collective interests.The way in which the rights are exercised provides a justification basis;and Articles 76 and 77 of the Property Law also provide a legal basis for restricting the exclusive rights of the owners by means of collective resolutions.The restrictions on collective resolutions are limited to restrictions on the right to operate,the purpose is to achieve the overall interests,and must not damage the vested interests of the owners,but also in line with due process.The fifth part is the right of relief to the owner.Although the owner's rights are subject to many restrictions,the owner is still the owner of the shop,and he has the right to claim the property,the right to claim the debt,the right of the claim for unjust enrichment,the right to cancel the collective resolutions,and The right to withdraw from the collective relationship at any time by transferring the shop,and these rights enable the owner's rights to receive relief when they are improperly restricted.The sixth part summarizes the full text,and expects that the way to restrict the exercise of the owner's rights can solve the phenomenon of idle shops in reality,protect the investment interests of all the owners,and promote the best use.