Due to the lack of legal and theoretical basis,the ownership of junction-built air defense basement is disconnected from practice,which leads to constant judicial disputes.The confirmation and registration of junction-built air defense basement should conform to the principle of"premises legally atta-ched to its site",that is,the subject of"building ownership"and"construction land use right"is the same.Purification of junction-built air defense basement for"personal goods"attribute,and their wartime rights can be realized by the concept of social obligations,expropriation or requisition of property rights.Clarify the land ownership of the space occupied by junction-built air defense basement,from the chaotic"surface construction land use right"to the independent"underground construction land use right".The"development"construction of junction-built air defense basement should be distinguished:As for the new construction,under the separatism of real estate,the construction of junction-built air de-fense basement is an independent property,which can be owned by the developer.The source of land rights can be the use right of underground construction land and the land lease right,which can be registered for the first time.For the stock part,the developer can enjoy the ownership through the channel of"transfer",handle the change registration,or in the form of"rights reserved",standardize the developer or the owner's right to use,safeguard the owner's rights and interests.The partitioned parking space and garage belong to the exclusive part of the building and can be transferred and registered by the owner.Based on the consider-ation of public interest,the"right of maintenance and management"can be regarded as the coordination and restriction of the exercise of ownership of junction-built air defense basement.
关键词
结建防空地下室/房地一致/地下建设用地使用权/建筑物区分所有/维护管理权
Key words
Junction-Built Air Defense Basements/Premises Legally Attached to Its Site/Under-ground Construction Land Use Right/Condominium Ownership of Building/Maintenance and Manage-ment Right
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