The Study Of Unity Of Title And Use In Residential Quarters

Abstract: Currently, only the area of the public apportion is registered in the certificate of title of commercial housing in China, whereas the specific content of the public apportion is not clarified, and even less is said on public area in the certificate of state land use right, which leads to the strange phenomenon of unidentified subject of legal right on the realistic abounding shared area. The developer of real estate usually appropriates the public area and makes dual profits from it out of the argument that it is the owner of the title of whole residential area. With the awareness of the household right and the gradual visibility of the utilization and economic benefits of the public area, more and more disputes come into being among the developer of real estate, the estate administration of the residential area and the households of the residential area.However, neither are there special laws and regulations in China on the building distinction owner nor any stipulations in General Provisions of the Civil Law on it, so no laws can be followed in the realistic abounding disputes on the public area in the residential area. Therefore, it is necessary to clarify the legal title of the public part in the residential area so as to settle and avoid disputes. The unity of title and use of the household can be acknowledged by way of integrated registration of the title of housing and land in terms of the public area, auxiliary facilities, auxiliary buildings and auxiliary bases.The subject of the title of the urban land in China is the state and the individualscan only possess the use right of the land, meanwhile, China takes the principle of integration of the title of housing and the use right of land with regard to the real estate relation of housing and land. For reasons mentioned above, this dissertation makes breakthrough on the constitution of the traditional building distinction owner, includes the use right of base as component of the building distinction owner and substitutes the unity of title and use for the shared right so as to accurately demonstrate the system of building distinction owner in China.The dissertation follows the thinking from expounding the theory firstly, settling problems by way of the theory secondly, and then enriching the theory finally. With regard to research method, it is necessary to draw on the relevant laws and regulations of other countries on the building distinction owner as a uniform civil law is still under formulation, therefore, the method of comparative analysis of law runs through the whole dissertation. At the same time, the dissertation makes clear demonstration on the intension and extension of the shared area by means of diagramatic analysis. In addition, the dissertation makes analysis of several kinds of typical cases on the legal nature and ascription of the shared area, which result in a general rule for referance in judicial practice to determine the ascription of the kinds of shared area, and so as to perfect the relevant laws and regulations in China.The dissertation is divided into five chapters. The introduction part makes an explanation on the concept of the unity of title and use as well as the significance of the dissertation. The first chapter demonstrates the basic theories on the unity of title and use in the residential area and makes special illustration on the special unity of title and use in China, which lays a theoretic foundation for the whole dissertation. The second chapter demonstrates the extension of the unity of title and use-right to exclusive use, which is one of the focal points in the dissertation. It is significant to the settlement of the realistic disputes on the title and use of the shared area. In the chapter, the author proposes to forbid the developer of real estate to set up the right to exclusive use by way of selling contract so as to protect the due benefit of the household in the shared area. The third chapter demonstrates the belonging problems of several kinds of shared areas in the realistic lif...