The emergence of the low-altitude economy has promoted the rapid expansion of innovative sectors, including unmanned aerial vehicle (UAV) logistics, Urban Air Mobility (UAM), and low-altitude tourism. This growth has generated a critical and urgent demand for the allocation of designated low-altitude airspace above terrestrial surfaces. However, the traditional real right law system, which is centered on land rights and adheres to the principle of “cujus est solum, ejus est usque ad coelum et ad inferos” (whoever owns the land owns it up to the heavens and down to the depths), struggles to accommodate and regulate the independent, stratified utilization of three-dimensional space above land-particularly low-altitude airspace. Against this background, it becomes both feasible and necessary to deconstruct the traditional conception of land rights and to justify the recognition of specific low-altitude airspace as an independent object of real rights in the form of a usufructuary right to low-altitude airspace. Within the framework of the Book on Real Rights of the Civil Code of the People’s Republic of China, it is essential to examine the doctrinal structure and regulatory mechanisms of such a right to promote and ensure the safe and orderly development of the low-altitude economy.
목차
ABSTRACT I. Introduction Ⅱ. The Particular Demands and Institutional Dilemmas in Constructing a Low-Altitude Real Rights Framework 1. The Concept and Developmental Landscape of the Low-Altitude Economy 2. Limitations and Dilemmas of Traditional Real Right Law Theory Ⅲ. Jurisprudential Justification for an Independent Low-Altitude Usufructuary Right 1. The Theory of the Object of Real Rights and the Emergence of the Low Altitude Usufructuary Right 2. Towards a Real Rights Regime for Low-Altitude Airspace: A Comparative Law Perspective 3. Inclusivity and Feasibility of China’s Legal System Ⅳ. The Construction of the Low-Altitude Usufructuary Right in the Book of Real Rights 1. Universality and Specificity of the Right Holder Ⅴ. External Regulation of Low-Altitude Usufructuary Rights: Conflict Coordination and Interest Balancing 1. Public-Private Law Interplay: Coordination with Airspace Management and Aviation Safety Systems 2. Resolution of Private Law Conflicts: Adjusting Neighbor Law Relations with Surface Land Right Holders 3. Special Design of Liability Rules for Torts Ⅵ. Conclusi References
'KU 중국연구원'은 건국대학교만의 차별화된 가치를 구현하기 위해 건국대의 교시(校是)인 성(誠)·신(信)·의(義)를 바탕으로 인본(人本)·소통(疏通)·통섭(統攝)에 초점을 둔 중국학 연구를 지향하고 있습니다. 또한 시대적 당위성을 반영한 실용 중심의 연구와 학문 후속세대 양성에 기여하는 국제적 연구센터로 발돋음하는 연구기관 입니다.