ISSN 1008-2204
CN 11-3979/C
Zhao Xiumei. The Relationship between the Right for Land Space and the Basic Principles of Property Law[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2011, 24(1): 50-56.
Citation: Zhao Xiumei. The Relationship between the Right for Land Space and the Basic Principles of Property Law[J]. Journal of Beijing University of Aeronautics and Astronautics Social Sciences Edition, 2011, 24(1): 50-56.

The Relationship between the Right for Land Space and the Basic Principles of Property Law

  • The occurrence of the right for land space does not infringe the "one-property-one-right" principle. If the right for land space is admitted, setting several cubical property rights on the land doesn’t infringe the "one-property-one-right" principle, because the several cubical property rights are not on just one property but on several properties. If the right for land space is not admitted in which land and the space on the land can be viewed as one property, setting several cubical property rights is also in accord with the "one-property-one-right" principle, because the "one-property-one-right" principle is actually one that does not permit setting several occupied property rights on only one property at the same time, i.e., not permitting violating the exclusive principle of property right. The several cubically set rights on the land, whose right scopes are different, can simultaneously have occupied property rights, and therefore do not infringe the "one-property-one-right" principle. In addition, the right for land and space is not a new property right either. It’s a special right on land. The object corresponding to the right for land and space is some space around the land, is the kind of sub-property-right admitted by law, and therefore doesn’t violate the principle of law-stipulated property rights
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