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随着经济社会的不断发展,现代城市正在向立体化方向发展,作为城市立体化发展的重要组成部分的地下空间开发利用是必不可少的。《物权法》确立了建设用地使用权分层设立制度。但是,建设用地使用权分层设立还存在权利冲突解决规则缺乏可操作性等缺陷。为此,笔者结合工作实际,提出了应当建立统一科学的登记制度、健全权利冲突的解决机制等建议。案例:不少商品楼经过了合法手续,取得了建设用地使用权,在商品楼竣工验收合格后全部售出,业主权证皆妥,开发商资金回笼,各方皆大欢喜。然而随着城一、土地分层利用,空间权属各不同
With the continuous development of economy and society, modern cities are developing in a three-dimensional direction. The development and utilization of underground space as an important component of urban three-dimensional development are indispensable. “Property Law” established the establishment of the right to use land for construction. However, the layered establishment of the right to use construction land still lacks the operability of the conflict resolution rules. To this end, the author combined with the actual work, proposed the establishment of a unified system of scientific registration, and improve the rights of the conflict resolution mechanism and other recommendations. Case: Many commercial buildings have passed the legal formalities and obtained the right to use the construction land. All the buildings have been sold after the completion of the acceptance of the commercial buildings. The ownership certificates of the owners are all right and the developer funds are withdrawn from circulation. All parties are happy. However, with the city one, land stratification, space ownership is different