Research On The Limitation Of Ownership Of Property-based Shops

The characteristic of power separation and the demand of unified operation make the property-type shops full of contradictions in the operation process.After the term of entrustment has ended,Whether the owner's ownership of the shop should be restricted and what is the legal basis for the restriction have not been unified in the judicial judgment.The property-type shops without physical partition still have the requirement of independence in structure and utilization.The owner's ownership of the shops should be characterized as the condominium ownership of the buildings,but this kind of ownership is more restricted to the core right than the general ownership because of the restriction of the unified management.Although laws and regulations have no special restrictions on the ownership of property-based shops,the principle of prohibition of abuse of rights and the restrictive provisions of collective owners' resolutions can become the legal basis for restricting the ownership of shops.There are various problems in the ownership restriction of property right shops.Unifying the scale of judicial judgment,standardizing the shop registration system,strengthening government supervision and forming the joint force of owner autonomy can avoid similar disputes to a certain extent,it is beneficial to maintain the stable situation of the unified operation of the shops,but to fundamentally resolve the contradiction between the decentralization of ownership and the unified operation,it is necessary to start from the aspect of the integration of ownership.So that the property-type shops can get out of the predicament of development,to realize the win-win situation of the developer and the shop owner.