On The Interpretation And Construction Of Homeowner Right

That China’s Property Law adopted the concept“Condominium ownership”lacks appropriateness, and it may lead to the distinction between civil rights theory and social life of civil right subjects. The concept of Homeowner Right reflects the people’s conscious conversion and real identity, and it is the natural heritage of specification language in China’s legislation. In addition, the concept carries respects to national habits and social ideas, and it can express the rights of owners properly and accurately, which is benefit for cultivating the necessary public character of owners’autonomy and formation of owners’autonomy ideas. Also, the concept publicizes the value of law.“Homeowner Right”takes the real right of Owners, the derivative interests of Owners’real right as its basic theory system construction. Furthermore, it is a sort of compound right collected by owners’exclusive rights of exclusive parts, co-ownership of shared parts, membership right for common interests and dimensional adjacent right for adjacent relation, which is the complete and rational owners’right system. Owners’exclusive right is the leading one of Homeowner Right, and the person with exclusive right has the right of possessing, using, benefiting and disposing to the exclusive parts. The shared right of using, shared right of repairing and improving, shared right of rebuilding, shared right of benefiting and shared right of disposing constitute co-ownership. The institution of Owners’divisional ownership of residential district makes up the systematic defects of“Condominium ownership”.Owners’membership right is rooted in the relationship of common interests, which takes owners’member groups as identity vector, takes owners’committee as basic governance structure, and takes owners’convention as group charter. That is to say the members of owners’group enjoy the right to participating in management and the right to be beneficial. The owners’group carries out autonomy management by bearing responsibility to the owner who torts the group’s common interests. The intertwined owners’dimensional adjacent relationship, common relationship and“Neighbors’Right to Enter”form representative features of owners’dimensional adjacent relationship which differs from traditional one; Owners’dimensional adjacent relationship is divided into types including the adjacent right for personal protection, adjacent right for environmental protection, adjacent right of the real claim in order to strengthen appliance of dimensional adjacent relationship.On the basis of synthesis and complexity of ownership construction, Homeowner Right’s protection only according to general relief rule of tort liability is inadequate. Relief rules of owners’common interests should be compatible to the implementation of owners’exclusive right and realization rules, in order to establish right protection system of combining public remedy with private remedy.