Research On Several Legal Questions Of Property Management

The thesis includes the following four questions.The first question: Several Questions about Appropriate part and the right of Appropriate This part includes three arrangements: The first: The Scope of Appropriate Part .Becoming exclusive using part should have two essential factors, one is structural independence, and the other is imposal independence. Concerning the scope of exclusive using part, people advanced many doctrines, such as the center says, the space says and the paint ultimately the surface layer says, wall heart and paint ultimately the surface layer says, etc. The main difference between these four doctrines is: should we deem the wall to be exclusive using part or common part or cut up it into two halves and becomes variant parts. The author thinks that defining the scope of exclusive using part is associated closely with the definition of divisional property's object. So the common wall is a common party wall (can be thought of common property) also is the component of tenement's periphery(can be thought of several part). The second: The Right of Appropriate of the Owner's Part of Codominium Building .It includes divisional proprietor's severalty on exclusive using part and the restriction on that. On some kind of meaning, property on several part and several tenement is the same.The property on several part is also a kind of eminent domain. But this kind of property has many restrictions. The author generalized it that divisional proprietor can not disobey the interests of all the owners. Otherwise, the owner will undertake the corresponding onus, the supreme form of onus is stopping infringement, eliminating nuisance, resuming original state. The third : The Adjacent Trespass Caused by Appropriate Part. The adjacent relationship to divisional property building can be divided into three types: the first is the adjacent relationship caused by the use of exclusive using part; the second is the adjacent relationship caused by the use of common part; the third is the adjacent relationship caused by trespass of building's distance and the content which can not be quantified. Explain the first adjacent relationship from the case that the use of exclusive using part can not obey the divisional proprietor's will entirely.The second question: Several Questions about Common Part and the Right of Common. This part can be divided into the following three questions: The first : The Scope of Common Part .There are two types of the common part: The legal common part and the promised common part. Concerning the legal common part's type, the author thinks that it can be divided from the angle of object and principal part. From the angle of object, common part can be divided into common place, common establishment, and common base. From the angle of principal part, common part can be divided into the common place owned by one-storied building's proprietor and by the whole proprietors of the residential area. The second: The Right of Common of the Owner's Part of Condominium. The author thinks that the character of the common proprietary on common part can be understood to be share community, but there is significant difference in it.The thesis discusses four kinds of difference. The content of the proprietor's common proprietary involves usufructs, beneficial right and disposal right. The usufruct includes common usufruct and several usufruct. The common usufruct regulates that the divisional proprietor uses the common part complied with the purpose or requirement of it, anybody can not keep other building's divisional proprietors from reasonable using. This kind of usufruct is common usufruct. In order to use it efficiently, some common part must base definite using system. It is said several usufruct, familiar to the parking lot, must be divided into some special areas that can be used orderedly by every proprietors. The beneficial right discusses apportionment. Generally speaking, proceeds can be used to be property overhead expenses, property maintenance funds etc. If there is surplus...