Research On The Partitioned Ownership Of Residential Areas

“The Partitioned Ownership of Building Areas” has the significance of national economy and people's livelihood in modern society.With the rapid development of human industrialization and urbanization,“the Partitioned Ownership of Building Areas” has become more and more important.Modern society needs high-rise buildings and high-rise buildings need huge amounts of funds.“the Partitioned Ownership of Building Areas” has irreplaceable institutional value by dispersing funds to one household.Therefore,the Property Law of China has Chapter VI “Owner's the Partitioned Ownership of Building Areas”.There are many features and bright spots in the 14 rules of “the Partitioned Ownership of Building Areas” in the Property Law of China,which should be absorbed in the real rights of the Civil Code.However,as far as the overall design is concerned,the Property Law of China has major institutional defects and should be corrected and reconstructed.Chapter six of the Property Law of China,“the Partitioned Ownership of Building Areas” covers the common parts of single buildings and residential districts,causes disputes over ownership of residential districts,increases the economic burden of owners and makes it difficult for owners to form resolutions.The reason is that the Property Law of China expands the object of “the Partitioned Ownership of Building Areas” from single building to residential district,which violates the principle of “one property,one right” and is contrary to the original principle of “the Partitioned Ownership of Building Areas”.At the same time,it ignores the characteristics of residential district in China and can not adapt to the development of residential district in China.Because of the difference of housing form,there are three legislative choices for the object of “the Partitioned Ownership of Building Areas” in different countries and regions: the first Legislative Choice restricts the object of “the Partitioned Ownership of Building Areas” to a single building.The second legislative choice expands the object of “the Partitioned Ownership of Building Areas” from a single building to a single building.The third kind of legislation chooses to restrict the object of “the Partitioned Ownership of Building Areas” to a single building and applies part of the provisions to the residential district or building group.There are some deficiencies in the comparative analysis of the three legislative options.In order to solve the problem of “the Partitioned Ownership of Building Areas” in China,it is necessary to reconstruct the existing rules,promote “the Partitioned Ownership of Building Areas” to return to single building and establish a new “the Partitioned Ownership of Residential Areas” to regulate the common management of the common parts of residential areas.The main body of “the Partitioned Ownership of Residential Areas” is the owner of a building,the object includes the Public land and its buildings,structures and other property interests,the owners share the common interests and bear the cost of common interests.Through “the Partitioned Ownership of Residential Areas”,the owner of a single building can manage a single building autonomously and all the owners of a residential district can manage the common part of the residential district autonomously,so as to meet the actual needs of different housing forms such as block system and residential district.