Research On The Ownership Of Property-owned Shops And Building

The legislation of our country has no special regulations on the property right shop,and the local governments issue more rules or policies to regulate,but the regulations are different in different regions.Some regions strictly prohibit the division and sale of property right shops,let alone the registration of property rights;some regions allow or default the registration of property right shops.Therefore,there are three situations in the registration of property shop: default ownership registration,prohibition of ownership registration and permission of ownership registration.Theoretically,there are relatively few researches on the ownership of property shop.However,generally speaking,the premise of property ownership registration is to meet the requirements of the object of ownership.This paper starts with the eligibility of the property right shop in accordance with the object of ownership.Through analysis,it is believed that the property right shop can actually be regarded as a space extending from the determined four to the ground area up to the roof area,which can be specified and independent,and can be controlled and exclusive,so it can be regarded as the object of ownership.However,in view of the theoretical differences on the types of ownership rights of property shop,such as the theory of joint ownership by shares,the theory of adjacent relationship,the theory of easement,and the theory of differentiated ownership of buildings,the court's determination is also different in judicial practice.Some courts hold that the owners of property shop enjoy the differentiated ownership of buildings,while others hold that they are related by shares However,some courts have not made clear the right attribute of the property right shop in their judgments,but the legal basis for its application is the legal provisions on the differentiated ownership of buildings.Therefore,it is necessary to further analyze and solve the qualitative problem of the ownership of property type shops.The owner of the property right shop has the ownership of the shop,not the share of the ownership of the whole building,so it is not tenable to say that the joint ownership by shares;therelationship between the owners of the property right shop is far beyond the minimum tolerance obligation in the adjacent relationship,and its content is beyond the scope of the adjacent relationship,so the adjacent relationship is not tenable;the property right shop does not conform to the object of easement Therefore,the theory of easement does not hold.Through the analysis,it can be concluded that the ownership of the property type shop conforms to the legal structure of the differentiated ownership of buildings.Finally,on this basis,the paper analyzes the content of the differentiated ownership of the property right shop buildings,specifically from the three aspects of exclusive right,common right and member right,discusses briefly the limitation of exclusive right and whether the decision of the owners' meeting can determine the business right of the shop in combination with the dispute over the business way of the shop in judicial practice,and tries to put forward the essential characteristics of the property right shop Certain measures.In order to make up for the lack of the property right shop ownership regulations in our legislation,and to help solve the property right shop ownership disputes in judicial practice.