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产权式酒店作为一种新兴的投资模式,自上世纪九十年代被引入我国,前后不过二十多年的发展历史,在我国经济持续快速发展,旅游市场不断扩大,民众投资需求日趋旺盛的大背景下,产权式酒店在我国取得了长足的发展,并保持继续强劲的上升势头,但应该看到我国产权式酒店发展过程中遇到了很多问题,千岛湖凤凰岛投资纠纷案就是其中一个典型例证。本案所折射出的产权式酒店的附属设施所有权归属问题应适用物权法中的建筑物区分所有权制度进行分析,同时客观认识到产权式酒店与一般小区适用建筑物区分所有权制度存在的差异,并基于差异通过完善建筑物区分所有权有关规定,以期有效解决产权式酒店的附属设施所有权归属问题。
As an emerging investment mode, property right hotel has been introduced into our country since the nineties of the last century, but the development history of more than twenty years before and after the continuous development of economy in our country, the continuous expansion of tourism market and the increasing investment demand of the public In the background, property-style hotel has made great progress in our country and maintained a strong upward trend. However, we should see many problems during the development of property-style hotel in our country. One of the typical cases of investment dispute in Qiandaohu Phoenix Island . In this case, the ownership of property-attached hotels which is reflected in the case should be analyzed according to the property ownership system of property law. At the same time, objectively aware of the differences between property-type hotels and general residential areas applicable to the building ownership structure, Through the improvement of buildings to distinguish the ownership of the relevant provisions, with a view to effectively solve the property ownership of affiliated facilities Ownership issues.