Space right to the basic theoretical research
|Course||Civil and Commercial Law|
|Keywords||space the ownership of space property of real basic principals of the real right the entity regulated by Civil Law|
With the development of economy and science and technology, the importance of right of space becomes increasingly essential to the legislation and most of the countries in the world pay great attention to theory study on the right of space. But the relative study has dropped behind in China. In China, the right of space is regulated basically in the Law of Real Right that is enacted in 2007. That indicates we have made progress in the legislation but the Law of Real Right can’t solve the problems that emerge continually in social practice. To constitute the scientific right of space, we shall stress the importance of fundamental study in point. The study shall emphasize following points:the relationship of the spaces, the purpose and practical effect of legislation, the legislative practice of other countries and its applicability and space as the elementary attribute of entity in legal qualification, legal status and property. The study’s starting point is sinuous relationship of the right of space and the study’s intention is to solve the dissension and conflicts brought by the advantage of space. In China, the legislative practice shall accord with the situation of our country and the simple copy of foreign legislation is not the proper way. The future direction of relative legislation is framed by the notion that the space is entity, which is regulated in the three-component Law of Real Right. After careful study of legislative practice in other countries, the thesis draws the conclusion that those issues are not fit the situation in China and our legislative practice shall stick to fundamental theory that treats the space as entity.