一、问题提出习惯法的法定地上权是指先前建立在土地上的建筑物与土地同属于一人,但因为买卖或者其他原因要归属于另外一个人的情形下,为了建筑物的持续利用而产生的一系列问题。此课题看上去像附属的次要问题,但其实是与民法的基本体系紧密联系的重要难题。为了明确习惯法法定地上权的意义及争论点,据如下案例加以说明:A只把其所有的土地和地上建筑物中的建筑物卖售给了B,并且办理了所有权转移登记手续。双方在买卖时未在建筑物撤离问题上另有约定。 I. Problems The legal right of ascertainment of customary law refers to the fact that the buildings and land previously established on the land belong to the same person, but are generated for the purpose of continuous use of the building due to the purchase or sale or other reasons attributable to the other person A series of questions. This issue looks like a subsidiary secondary problem, but it is actually an important problem that is closely linked with the basic system of civil law. In order to clarify the meaning and contention of the statutory ground rights of customary law, it is illustrated as follows: A sells only the buildings of all its land and buildings on the ground to B and handles the transfer of ownership. The two sides did not agree otherwise on the issue of evacuation of buildings during the transaction.