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楼顶空间处在区分所有建筑物的边缘以外,既与楼顶紧密相连又属于建筑物基地,所以对楼顶空间使用的时候要遵守建筑物区分所有权制度。但这种制度在我国法律上却基本处于空白状态并有待于完善,这就导致了人们在现实生活中对楼顶空间的开发利用没有法律可以遵循,在处理纠纷时没有法律可以依据。而且,国内理论学说对于楼顶空间权属问题的讨论众说纷纭又加剧了实际中开发利用的混乱和困难,因此就不可避免地产生了权利纠纷。
The rooftop space, which is outside the edge of all buildings, is closely linked to the roof but also a building base. Therefore, when using rooftop space, the system of ownership of buildings should be observed. However, this system is basically in a blank state in our country and needs to be perfected. This has led to the fact that no law can be followed in the real life for the development and utilization of rooftop space, and no law can be based on the dispute. Moreover, the domestic theory of the debate on the issue of the ownership of rooftop controversial and aggravate the confusion and difficulties in the development and utilization of the real, so inevitably have a rights dispute.