建筑的地役权空间——由挑高阳台谈起

Easement Space of Architecture: Beginning from Cantilever Balcony

从《物权法》出发,讨论了挑高阳台设计及其使用纠纷。指出挑高阳台的实质正是地役权空间,必须依法加以保护。通过实证分析、案例分析和历史比较,进一步指出地役权空间在建筑中的普遍存在。地役权空间既是相邻建筑实现其功能的要求;也是建筑群体组合的空间法则;更是城市空间塑造的内在规定;同时还是建筑空间创新的源泉。建筑设计本身就是对地役权空间的规范和设定,一切对建筑空间的限制都是地役权空间。初步探讨了地役权空间指导下的建筑设计方法,提出建筑设计必须正视地役权空间的存在,积极保护和满足地役权空间的要求,主动创设新的地役权空间,实现建筑空间和财产权利的统一、建筑设计和物权保护的和谐、建筑功能和周边环境的协调。

Based on Property Law, this paper is focused to discuss the design of cantilever balcony and disputes and issues aroused regarding its usage. It is pointed out that the essence of cantilever balcony is easement space, and it should be protected by law. By means of empirical analysis, cases studies and historical comparison, it has been further pointed out that easement space is such space that commonly exists in various architectures. It ensures the function of neighboring buildings. It decides the space rules of architectural complex and even regulates city space formation. It is the source of innovation of architecture design. In fact, architecture design itself is in nature to specify and standardize easement space, and all limits to architecture space are easement space. Thus architecture design method is discussed in the guide of easement space in this paper. It is proposed that during the process of architecture design, people involved must keep in mind the existence of easement space, take initiative to protect and satisfy the precondition and requirement of easement space and proactively create new easement space. By taking above actions, architecture space can be in line with property right, architecture design in harmony with protection of property right, and architectural function integrated with its surroundings.