The Research On Co-Ownership Of Condominium

The origin of the Condominium concept started in the slave society, accompanying with the city rise. However, it came to be an important real estate law and was established in succession in many countries in 20 centuries with the development of economy and the advance of society. Since the urbanization process is accelerating in our country, we can see the high-rise buildings everywhere, and the cases of Condominium in our realistic living often occur. But we have to say it is a pity because we still can not find the related legal provisions in our current laws and regulations. Accuratelyunderstanding and establishing the Condominium legal system is not only benefit of solving the problem in real life, but also benefit of perfecting real-estate ownership system in our country. Basing on the fundamental Condominium theory, the author gives priority to the co-ownership of Condominium and puts forward that co-ownership is a core of Condominium among such three elements as exclusive right, co-ownership and membership right. Obligees will take the co-ownership when they have the exclusive right.Except for the exclusive part, the object extent of co-ownership is all the other parts of the building and its fixtures. Right to the use of land is a very important part of co-ownership, the nature of co-ownership is "exclusion-mixed co-ownership". According to the proportion of the value compared with exclusive and co-ownership part, obligees use the co-ownership part in common, have and hold income, share the expenses. In order to give remedy at law, protective system should be established. The author analyzes the legal status of co-ownership and its right extent concerning other nations and districts legal provision and the draft of the civil law in our country, expounds the importance of co-ownership in Condominium and the urgency of protection. With drafting and promulgating of the Law of Things, the Condominium legal system will be known and applied. As long as we recognize that the co-ownership part is the characteristic portion in Condominium and the heart of the legislation, we can straighten out the legal relationship and protect obligees' interest effectively.