Study On Legal Issues About Reconstruction Of Condominium Buildings

Condominium reconstruction is not only the all vital practical problems of condominium management,but also the great one of the realization of the "home ownership" of the people's livelihood ideal.As is traced back to its source,there is three causes as following: Firstly,reconstruction urges commanding masses of fund.Our contemporary society is at high risk as well as risk is everywhere,even at all times there.Varieties of earthquakes,fires,floods,typhoons and other natural disasters have brought about huge destruction and loss of condominiums such as the Great Flooding in China in 1998 and the Wen Chuan Earthquake in 2008 in China.As time goes by,a host of condominiums have corrupted as well as have been old.The tough issues of the dangerous condominiums have become more and more serious since the China Housing Reform,which not only has the effect on the homeowner's personal rights issue,but also the matter of residency and human rights protection,and even worse,will also affect the stability of a country and region.However,because of hosts of factors in reality it is extremely hard to raise enough reconstruction funds.Secondly,it is also fairy tough to reach an agreement on the condominium reconstruction.In addition to obtaining the consent of the owners,it must meet other material constitutive requirements and formal requirements,only in this way,can they be rebuilt.But that is not the case owing to the differences of the economic capacity of owners as well as different measures of rights and interests,it is difficult to reach a reconstruction condominium agreement.Although lawmakers in the reconstruction respect the principle of the owners' autonomy,yet due to the need of public interests and public orders the law has stipulated an excessive voting mechanism,which makes it tough to reach a reconstruction condominium agreement between owners in real life.Thirdly,different types of condominium reconstruction is also not the same.Due to many reasons of the condominium destruction and loss,there is serious damage,wide area and large scale in the loss.And the rights and interests subjects is numerous,and leading to the different types of condominium reconstruction have different provisions of the legal system and legislation system even far.For example,the reconstruction legal systems of general condominiums are different from reconstruction ones of condominiums after a catastrophe.It is also hard to balance the rights and interests in the reconstruction.Meanwhile,Reconstruction involves multiple stakeholders,if the reconstruction has not obtained all theowners' agreement,this will do damage to the interests of the minority the owners.In addition,the relevant rights and interests protection of the relevant persons will tend to safeguard reconstruction to proceed smoothly.For this,now that the civil law is both a private law and a human rights law,it should conduct a comprehensive regulation so as to embody the people-oriented concept of the rule of law.As is prescribed in the article 76 of the property law in our country,reconstruction of condominiums and these affiliated facilities thereof shall be subject to the owners with exclusive parts accounting for more than two-thirds of the total area of the building and accounting for more than two thirds of the total number of the owners.Its content is very short,so it is unable to meet the needs of the reality reconstruction.At the same time,domestic and foreign researches on all condominium reconstruction of legal system is mainly studied and discussed in the perspective of administrative law,from the perspective of private laws the study is lack,this article from the perspective of private law,conducts a comprehensive in-depth study based on civil codes,condominium rights acts and domestic and foreign literature on condominium.This paper clarifies the concept,type,theoretical basis,constitutive requirements and legal effect of condominium reconstruction.In turn,analyze the types of reconstruction and it can be divided into general reconstruction type and special reconstruction further;It analyzes the general reconstruction type of all the loss of reconstruction and of part of the loss of the reconstruction,and probes into the condominium reconstruction of post-catastrophe and composed of several condominiums reconstruction in the owners communities and other special type.At the same time,also study the rural housing reconstruction after the disaster and reconstruction of city dangerous condominiums.Finally,combine the relevant legal systems on condominium reconstruction in our country,and point out its characteristics and defects of other country and complete the condominium reconstruction of legal system,trying to build complete the legal system of condominium reconstruction in China,our country's civil code in the future and changes of the property law in China provide a legislative reference,it not only has important theoretical value but also has strong practical significance.The paper is divided into eight chapters.The first chapter is the prolegomena of the paper,which mainly analyzes the background as well as the significance of the study,reviews the literature at home and abroad,refines the research content,and then boils down the research methods and ideas of this article so as to set the tone for full text of the study.The second chapter involves the basic summary of condominium reconstruction which is the theoretical basis part.Mainly in this paper,clarify the concept and legislation and the theory on condominium,analyze the concept and types of condominium,and then analyze reconstruction theory.The third chapter,which is about the constitutive requirements of condominium reconstruction,is an important part of this article.Respectively expound the physical factor,economic factor,the subjective important document,main requirements and process requirements of five elements.The fourth chapter about the protection and adjustment of rights and interests in the relevant persons is a key part of this article.Mainly discussed the rights and interests of the adjustment and protection among opponents,third parties,management groups and the developers,and then probe into the rules of legal effect on no reconstruction.The fifth chapter on the special types is a core part of this article.Mainly condominium reconstruction in the owner communities consisting of several condominium,reconstruction of post-disaster reconstruction,post-disaster technology reconstruction and city wei condominium reconstruction are discussed respectively,and finally clarify the civil air defense engineering reconstruction.The sixth chapter which is involved in the general type of condominium reconstruction is the core part of this article.According to the degree of destruction and loss and reconstruction of special standards,condominium can be divided into the repairs and reconstruction as condominiums are partly destroyed and damaged and rebuilding and reconstruction if condominiums is totally destroyed.The seventh chapter,which is about the relevant housing reconstruction,is an organic part in this paper.It analyzes the dangerous house renovation of in the rural countryside,and rural housing reconstruction after a disaster.The eighth chapter about the improvement and construction of the legal system of condominium reconstruction in our country is the conclusion part of this article.Combine the relevant legal rules of condominium reconstruction in our country,point out its characteristics and defects,rest outside complete mature reconstruction legislative idea and system,and then in accordance with the situation of our country and build up perfect concrete rules and regulations of condominium reconstruction.