Legal Regulation And Dispute Resolution Of Virtual "Property Shop"

"Property shop" is not a legal concept,but a general term when scholars and courts sum up this real estate transaction model.Specifically,"property shop" refers to the "split sale" and "unified operation" of commercial real estate,which is essentially reflected in the separation of ownership and management right.It relies on two contractual arrangements,namely the "shop sale contract" and the "shop use contract".There is an independent and virtual distinction between property-owned shops in practice.This paper is to study virtual property-owned shops.The meaning of the so-called "virtual" here is to emphasize that the way this division of sales is not the physical wall as the boundary,and the object of so-called "property right" is the virtual real estate.In our country,the legal disputes of virtual property shops are embodied in the two levels of legislation and justice.At the legislative level,the registration of virtual property shops is controversial.In the relevant legislative documents issued by the governments on the housing division and sale,the understanding of "fixed limit" and "independent use" of the real estate registration provisions in our country are different,so there is a dispute over the division and sale of the wall without independent entity,and the legislative documents issued are confused.There's a government ban on the sale of non-physical walls,the housing registration administration department maynot register any split sale without physical wall.Some Governments are neutral and believe that split sales without physical walls can also be registered.Therefore,in theory,there is a dispute whether the virtual property shop can become the object of real right.Based on the background of the expansion of the object of real right,the conditions for registration of real estate should be interpreted as expanding,the virtual property shop conforms to the specific and definite principle of the object of real right and meets the conditions of the housing registration unit stipulated in the legislation of our country,so it can become the object of real right theoretically.Therefore,the provincial and municipal government departments can not deny the possibility of their registration at least because of the virtual nature of their physical characteristics in the legislative documents on the division of sales.In addition,we can explore the registration feasibility of the creditor's rights contract related to the real estate property right,guide the buyer's autonomy of meaning,and realize the effect of the real right exercise.At the judicial level,because the virtual property shop relies on two contracts,there are two kinds of ideas in the court: contract independence and contract union.This paper focuses on a core problem under the independent path of contract: when the user defaults or the shop contract terminates,the buyer demands for "recovery of the management right,self management",how does the court decide.Firstly,there is a dispute among the courts about the specific type of ownership between the building and the shared ownership.Secondly,the court has different decisions on whether the ownership should be restricted.In this paper,the ownership enjoyed by the buyer is defined as the differentiated ownership of the building,and the buyer enjoys the exclusive right,common right and common management right of its connotation.At the same time,because of the legal limitation based on ownership and the separation of power under restrictive contractual relationship the ownership enjoyed by the buyer should be limited,and can not automatically recover the management right and operate independently.When courts dealing with related disputes,the buyer's autonomy of will and the interests of the majority should be balanced,and the operation of the real estate should be judged synthetically.