Research On The Legal Nature Of Virtual Split Property Shop

Under the background of the real estate boom and the optimization of the business environment,the development of property-based shops is in full swing.In order to maximize the benefits,the virtual split property shop is widely welcomed by the real estate industry as a new investment and financing method.Due to the special nature of unified planning,unified engagement,and unified management of virtual split property shops,disputes are often manifested in the form of class actions,which have a large social impact.The subject relationship is complex,and the object relationship also has the characteristics of separation of ownership,engagement rights and management rights.The lack of legal provisions has led to divergences in theoretical disputes and judicial determinations regarding the legal nature of virtual split property shops.The theoretical controversy over the legal nature of the virtual split property rights shop has three viewpoints: the attribute of property rights,the attribute of creditor’s rights,and the attribute of compound rights.Scientifically,disputes over the nature of real rights with ownership as a remedy right are in the mainstream.The theory of adjacent relationship,the theory of co-ownership by share,and the theory of condominium ownership are three major theoretical disputes centered on ownership.The shared relationship according to the share pays more attention to the integrity,and the condominium ownership relations between the shop owners can better reflect the independence of the virtual divided property shop.The virtual split property rights shophas both the property rights and the creditor’s rights from different perspectives.It also has the characteristics and attributes of trust,and is more comprehensively understood with its complex nature.In practice,the way of relief by ownership is severely hampered,affected by the overall interests and the stability of market order,the ownership is restricted,and the protection of ownership cannot be achieved;the debt relief formed through contractual relations can also only receive certain economic compensation,debt relief is still limited.Regarding the legal nature of the virtual split property rights shop,whether it is a scientific dispute or a difference in practical identification,it is affected by the limitations of China’s traditional property rights theory and its own particularity.The concept of ownership is deeply entrenched.Within the limits of the "one property,one right" principle and the principle of numerus clausus,the legal nature of the virtual split property rights shop has made a difference in judicial determination.In judicial practice,the identification is based on trust,the dual structure theory of the property rights is adopted,the REITs model and the RCI information sharing theory are used to improve the theoretical nature of the virtual divided property property stores,and provide unified theoretical guidance for judicial identification,taking into account both ownership and utilization The relationship of protection between rights enables complete relief.