On The Creation Of Condominium On A Base Of German Condominium Theory

As a real fee simple, condominium has been recognized by the chapter VI, the property law of China. However, current law doesn't elaborate the process of the conversion of a house into flats. This article intends to survey the creation of condominium and the civil law relationship of the litigants in the process, which is based on the disposal of the owner of the houses.The first chapter dissertates the specificity of condominium, thus states the difference of the legal transactions between the creation of the general right of real estate and the creation of condominium, which changes the content of fee simple. Therefore the German condominium theory will be introduced of this article and explicated, that condominium is a special form of fee simple and based on the co-ownership. Also the preconditions for the creation of the condominium will be set out. In order to analyze the feasibility of the creation of condominium, the referring significance of the German condominium theory for China is discussed afterwards.In chapter II it will be expounded, that the creation requires the declaration of intent of the owner. There are two forms of the creations, the creation by grant and the creation by division. The creation by grant is based on the consent of the all co-owners. It focuses on the original house owned by majority. It should be conspicuous here, that this article is only related to the creation of condominium by original acquisition, not by succeeding acquisition. So the transfer of the condominium will be not related to the creation by grant. The creation by division is a popular form of creation in China at the present stage, which depends on the will of the owner and divides the total registration of the plot of land and the Mansion into the registrations of the single flats. This is the necessary process in the Real Estate Development.The problems of the registration are discussed in the chapter III. The creation of condominium is an unconditional disposition and will cause the closure of the registration of the original real estate. There are little rules in property law and land register regulations, which refer to the process of the creation of the condominium. So the German land register regulations of condominium will be also cited in this chapter, which are analyzed and contrasted with the rules in China.The author emphasizes the point of view in the conclusion, that the creation of condominium is a disposal in property law according to the declaration of intent of the owner. Moreover, the definition of the content of the co-ownership is important for the creation of condominium and the autonomy of the proprietors.