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产权式商铺是我国近十年来新兴起的商业领域,前身是国外“时权度假”的旅游模式,兴起于英美法等发达国家,进而在我国得到迅速发展。由于这种模式在我国出现时间较短,相关法律规制也较为缺乏。本文通过阐述产权人的不当行为对其他合法产权人和房地产商等合法厉害相关人造成的利益损失,分析整理现实案例,找出这类产权式商铺所有权纠纷的症结点,并结合国内外相关法律规制,提出相关立法建议,旨在于促使我国的法律框架完善此类纠纷的解决方式,以便更好地维护我国社会主义市场经济秩序。
The property right shop is a new commercial area in our country in recent ten years. Its predecessor is the foreign travel mode with the right to vacation, rising in the developed countries like the Anglo-American law and so on, and then has been rapidly developed in our country. Due to the short appearance of this model in our country, the relevant laws and regulations are also lacking. This article elaborates the real estate case by analyzing the misconduct of the property right to the legitimate rights and interests of other legitimate property owners and the legitimate rights and interests of related parties, to find out the crux of this type of property rights disputes of shops, combined with relevant laws at home and abroad Regulation and put forward relevant legislative proposals aimed at urging our legal framework to improve the settlement of such disputes in order to better safeguard China’s socialist market economic order.