房地产一致原则质疑

Questionable of Rule of Unanimity in Real Estate

在我国现行房地产立法中确立了房地产一致原则,该原则不能适应市场经济的需求,产生了一些弊端。地上权制度适应了市场经济的需求,能够克服房地产一致原则带来的弊端,是构筑我国土地使用权与房屋等建筑物所有权关系的最佳选择。

There is a rule of unanimity in real estate establishing in our current real estate legislation. Yet, it can't adapt the requirement of market economy, and producing some disadvantage. System of superficies may adopt the requirement of market economy, and overcome the disadvantage of rule of unanimity in real estate. So, it is the best choice to construct the relationship of land-use right and ownership of building.