Legislative Choice For The System Of Condominium Proprietorship In China

With the development of economy, citifying progress has accelerated itspace continuously, which arises the increase of city population and crisisof residential buildings deficiency. Therefore, construction of some highthree-dimensioned buildings has been adopted abroad by many countries, sois it in China, especially in the seaside cities. Different from thetraditional buildings, those buildings bring about very complicated legalnexus involving multi-relationships in legal rights and obligations, whichmeans a challenge to the traditional legal system. Accordingly, as abrand-new legal system, proprietorship of divisional buildings went uponthe stage of history. As an important system of civil law, it has beenuniversally established by many countries of continental law system andAnglo-American system, while in China it remains a legislative vacancy.Wherefore, it is imperative to set up a new completed legal system forcondominium proprietorship.The article systematically expounds the theory of condominiumproprietorship, elaborates its generation, development, concept andfeature, as well as main content and great significance. On basis of usingthe corresponding experience of other countries for reference, it analyzespresent situation and main problems that would occur during theconstruction process of condominium proprietorship system , then to bringforward assumes and proposals of legislative modules and legal system inour country.On content, the article can be divided into four parts:The first chapter primarily introduces the historical development of thesystem of condominium proprietorship, and then recommends choosing a morepractical legislative model during the time to set up the system ofcondominium proprietorship in China—first to include this part in thecivil law when compiling the civil code and subsequently make specificlegislation in the proper time.The second chapter mainly expatiates on the essential categories ofcondominium proprietorship, including the title choosing, the constitution,nature and important traits of condominium proprietorship.The following part is undoubtedly the core of the whole article, for itemphasizes on the spirit of the system of condominiumproprietorship—divisional properitors'appropriative right and publicright. Beginning with the comparison and analysis of various doctrines,it demonstrably explains the concept, nature and object of theappropriative right and public right, then tightly encircling therelationship of rights and obligations to set forth an elaborate assay.with reference to the legislative examples of other countries and ourcountry's two versions of draft for property right, it puts forward somedetailed proposals on the relative contents on the system of condominiumproprietorship in our country in the end of this chapter.At the last part of the article, it explores another important content incondominium proprietorship—membership of divisional proprietor,introducing his rights and obligations when he acts as a member ofadministrative group of divisional building.I hope that this thesis will humbly make sense to our country's presentlegislation on property right.