Research On The Characteristics Of Condominium Ownership

The condominium ownership of buildings is the ownership formed on the independent building units.Because the building has both exclusive and common parts,the obligee can enjoy exclusive rights,common rights and member rights or joint management rights.In the modern and contemporary legislative history of the concept of condominium ownership,all countries(regions)have always been driven by the balance of individual and group interests of owners as the owners of condominium ownership.In the early stage,the law of condominium ownership paid more attention to the protection of the exclusive right and emphasized the individual's standard in the community,which led to the expansion of the owner's individual rights and the devaluation of the community interests.In order to maintain the existence of the community,the law of condominium ownership gradually revised the old system based on the owner's individual standard rights,and paid more attention to the restriction of the owner's rights and the strengthening of the group's interests.It can be seen from the three-dimensional structure of the basic property right structure of differentiated ownership by introducing the law mechanism of group law,which reflects the staggered nature of the ownership and the characteristics of group law of condominium ownership.Due to the introduction of group law regulation,the former image of the law of differentiated ownership focusing on individual law has been reversed,which is of great value and significance in the interpretation and application of law.Based on the characteristics of group law,owners should be bound by more general groups.However,based on the basic real right of differentiated ownership,we should still adhere to the inherent nature of ownership and achieve the purpose of protecting the freedom of ownership as much as possible.In this way,it is faced with the legitimate problem of binding on the owners' groups.Theoretically,there are two views on the legitimacy of owners being bound by groups: the perspective of common law and the perspective of group law.However,it is not enough to emphasize the common law and the group law on the basis and boundary of the owner's group restraint to form an effective group restraint or to cause excessive interference in the owner's ownership.Therefore,it is also necessary to return to the basic structure of condominium ownership.From the standpoint of both ownership and group law,this paper discusses the basis and boundary of group restraint under the purpose of common management through majority decision according to the specific situation of owner restraint,which is the inductive thinking(approach)that should be adopted in this paper.This paper is divided into seven chapters.The first chapter introduces the background,significance,research review,contents and methods of this paper,and gives a general overview of the research situation of this paper,emphasizing that the practical problems occurred in the current social situation are related to the legislative thinking and theoretical structure of the condominium ownership.When discussed in both the characteristic of ownership and the characteristic of the group law of condominium ownership,we must emphasizethe group law characteristics in order to maintain the overall safety of all buildings,build a common order,environmental comfort,but too much emphasis on group method features the ownership of any owner will happen,in violation of citizens' constitutional property rights and the civil law of private law autonomy.The second chapter is the outline of the characteristics of ownership and group law of condominium ownership.As the research questions in the introduction,this chapter of the essay firstly discusses the meaning and the legal structure of condominium ownership,references more mature theory system,and base on the ownership of the condominium ownership with the method of group characteristic content,and emphasized by all the characteristics of the condominium will generate such ownership laws and the characteristics of the group law.China's real law,property management regulations and relevant judicial interpretations are all based on the characteristics of ownership and group law for the construction of legislation,but the characteristics of group law is relatively weak,the content of group constraint on owners is relatively simple.The third chapter is the thcharacteristics of the law of ownership in the condominium ownership of buildings(i): Separate ownership characteristics of exclusive rights.This chapter and the following chapters four and five are based on the outline of chapter two of ownership law and group law.This chapter starts with distinguishing the exclusive rights of the important factors in the ownership and demonstrates that the exclusive rights are independent and exclusive from the owner's will and legislative purpose,and are owned and exclusive by the owner.Pure or a dollar of theory from the perspective of group method can clear of the rationality of the exclusive rights to limit,but rejected the exclusive rights of ownership characteristics,that is in accordance with the nature of members or a total of holding share have used alone tend to cause of owners' rights of excessive restrictions,the majority tyranny and any owner legitimate proprietary ownership situation will occur.Therefore,when we emphasize the group characteristic of condominium ownership,we must also fully realize the importance of ownership characteristic and not restrict the exclusive rights of owners.The fourth chapter is property law characteristics of condominium ownership(ii): Co-ownership characteristics of joint ownership.This chapter discusses the distinction between the ownership of all common parts as joint ownership,which is Shared by all owners and Shared by a single owner.Based on this,the common part can be related to the behavior(in accordance with its use,benefits,etc.).This is the basis of the common order between owners and the reason for the commonality of all relations between owners,which promotes the formation of owners' groups,which have the right to self-management of all buildings,bases and ancillary facilities.Therefore,the common part is the origin of the commonality between owners,so this chapter focuses on discussing the nature,content and responsibility of co-owners of the common right,discusses the common ownership characteristics of the common right.It is similar to common ownership,which is attached to the exclusive right and transferred with it.At the same time,it is distinguished that although common ownership has the property of sharing by shares,the common ownership property ofcommon ownership cannot be eliminated.On this basis,in order to realize the sustainable existence of the common relationship between owners and pay special attention to the content of management,that is,the transfer of the rights of the management of the common part to the owner group,resulting in the owner's joint ownership of the constraint content.The fifth chapter discusses the characteristics of group law(membership right)of condominium ownership,that is,the owner forms a group based on the common part,forms the owner group to manage the common part,and gives the owner group the right of management,while the owner has the right of membership or joint management.The rights of the owner's organization are limited to the scope of management and extend to other parts of the owner's joint ownership,forming a corporate constraint on the owner's joint ownership.However,the identity of the members of the owner to take part in the management of the owners group in the transaction,in fact form the rights of the owners group management,a certain constraints,but this restriction may reach accord with the effect of independent means,owner resolution because the owner groups,as well as the formation of the method,the content of the management statute has groups is a minority owner,successors and property users will not be group at home.Combined with the national conditions of our country,this paper analyzes and interprets the special issues in the process of the management of our country's residential areas,such as: "housing to business" problem,curb group rent problem,animal feeding problem,property fee delay and delay problem,maintenance fund management problem,senile apartment problem,short-term lease problem,etc.The essence is caused by the weak characteristics of the group law of distinguishing the ownership of buildings in China,the vague subject qualification of the owner group and the unclear basis and boundary scope of the owner group constraint.In principle,it is reasonable to restrict the common part of the owner according to the management regulations and the resolution of the owners' assembly,while the restricted part of the owner must be justified and rationalized.In addition,the owner's legal rights and interests shall not be unduly impaired within a reasonable scope.In this regard,the level of legislation on condominium ownership in China still needs to be improved.The sixth Chapter considers the basis and limits of the owner's constraint(restraint)from the characteristics of all law and group law of condominium ownership.This chapter,by comparing the legislative changes of German law and Japanese law,discusses the basis and scope of group restraint for owners under different legislative thinking,and clarifies the specific efforts made to solve the problem of group restraint under the latest legislative thinking of German law and Japanese law.Japan after four major legislative activities of condominium ownership,in accordance with the time line to see,in turn,to civil legislation,in 1962,1983 and2002,the law of all about building and so on,since the transition of the common law thinking method to group thinking makes the owner of the group limited range of diversification,but groups of regulations is only facts,declare,do not create the owner's rights and obligations in order to form groups inhibited legitimation.After the2002 law,the general idea is to explore the issue of group constraint legitimacy ofowners from the special relationship of common ownership,but in general,the discussion on the basis of group constraint in Japanese law is confused and vague.There are two ways of thinking in German law,that is,co-ownership decentralization and group ownership decentralization.However,in order to solve the problem of the original regularization of management regulations,the group law emphasizes the importance of practice,but faces difficulties in nature clarification and risks of weakening the effect of ownership.Germany since 2007 began after the modification of the housing ownership law mining of inductive approach to explore the owner of the group according to and boundaries of restraint and is limited to specific issues happened,concrete weigh the housing ownership dispute of internal and external relations,to maintain ownership of the legal relationship between,and solve the problems at home for the owner of the group is very helpful.The seventh chapter is the characteristics of ownership and group law of condominium ownership distinction in China and the perfection or construction of explanatory theory and legislative theory on the basis and limit of owner's constraint.By studying the process and thinking mode of the legislation of the ownership distinction between Japan and Germany,the characteristics of ownership and group law of the ownership distinction in China are clarified.In order to fully realize owner's group restraint,we should attach importance to the role of owner's group,expand and clarify the content of owner's restraint,and at the same time consider the limit of owner's restraint,so as to ensure the content of owner's ownership at the same time.This chapter first acknowledge the legal ownership of the property law adopted three yuan structure is reasonable,in order to guarantee the optimum of the distinguish all building management is,sleek,endows the owner groups should be main body status,the right to give some of its ability,to realize to distinguish all simplify the complicated legal relationship and the content of the program.