Research On The Application And Conflict Of The Principle Of Integration Of Land And Premises In Practice

Building and land are two major elements for real estate.Different countries and regions have made different legislative models to define the relationship between the two elements all along.But in our country,due to the historical reasons and special national conditions,we have taken the principle of integration of premises.On the one hand,the principle is beneficial to the unified management of real estate,to the simplicity of the legal relationship,to the protection of the safety and interests of housing owners.It also lays a solid foundation for the prosperity of China’s real estate market.However,on the other hand,with the development of society,the conflict is unfolding,which affects the rights and interests of the oblige,inhibits the full use of real estate value and the healthy development of social economy.Therefore,it is necessary to fully understand the principle of integration of premises.On the basis of it,it’s also needed to improve the principle to make it more consistent to social development and the interests of the people.This paper is made of five parts:The first part is beginning with two cases,revealing the conflicts of the principle of integration of premises when using in the real estate transfer and mortgage issues.And then explain the importance of identify the relationship between land and building for the real estate disputes in practice.And the problem this paper is going to solve is analyzing the application and conflict of t the principle of integration of premises in practice,and seeking a proper solution for real estate disputes which is also suited to our national conditions.The second part is a theoretical research of the principle of integration of premises.Firstly,different legislation models of the relationship between houses and land in different countries are introduced,namely,the unitary legislation model which takes the land as the basic principle of land acquisition,the dualism legislative model which separates land and housing,the "along with the housing" model popular in the former Soviet Union and the principle of integration of premises combined with " Premises Accompanies the Land and Land Accompanies the Premises " model used by our country.Secondly,this paper introduces the legal basis and legislative significance of the principle of integration of premises,and affirms the guiding position and important role of the principle in the field of real estate law in China.The third part is the analysis of the from the practical point of view of the principle of integration of the premises.Firstly,it discusses the four characteristics of the principle of premises integration in practice-the combination of house ownership and land use right,the consistency of the ownership of housing and the owner of land use right,the consistency of the punishment of the ownership of housing and the right to use land,no rules on the consistency of the term of ownership of housing and the term of land use right.Then,on the transfer and transfer of two different forms of land use rights,this paper introduces how to uniform the punishment of the land use rights and housing ownership in the case of transfer,mortgage,rental respectively.The fourth part summarizes the problems when using the principle of the integration of the premises in practice and analyzes the causes of these problems deeply.When theory is applied to practice,conflict is unavoidably exposed.The principle of integration of premises is not conducive to the protection of the interests of the right people,it suppresses the full use of real estate value,and even affect the socio-economic development.The root cause of these problems is the ownership problem,that is,the inconsistency of the ownership of housing ownership and land ownership.The direct cause of the problem is the contradiction stipulated by the law,to be specific,on the one hand,the law recognizes the independence of the ownership of housing and land use rights,on the other hand,housing ownership and land use rights must be disposed of together during the transactions.The indirect reason is the system setting problem,if the imperfection of the real estate registration system,land use right period system,renewal system,compensation system are not improved,conflicts will appear in practice using the principle of the integration of the land and premises.The fifth part is some advice to the solve the conflict of the principle of premises.First of all,it introduces the different views of scholars in the field of theory on the relationship between houses and land.There are three main categories,namely,"adhere to the premises of one","the main premises,the parties agreed to separate"and "follow the dualism."On the basis of summarizing the concept of predecessors,the author thinks that China should adhere to the principle of the integration of the premises as the main body,realize the proper separation of premises,and put forward some suggestions on the legislation of real estate transfer and mortgage.