Joint Right Of Ownership Of Apartment House

Ownership of apartment house is one significant real estate system. In China, the laws and regulations of this system is not sophisticated and the provisions of the current Property Law relating to this is too basic and leaky to solve the disputes on this system, so the improvement on this system shall be important. In practice, the disputes on this system mainly concentrate on the joint right, and the joint right and exclusive one together constitutes the key contents. Accordingly, the joint right of this system (Hereinafter refer to as"the joint right") will be the research objective of this article.Besides the introduction and summing-up, this article totally includes four chapters.The first chapter summarizes the theoretic basis of the joint right, including two parts, which starts with the ownership of apartment house,, briefs its source of legislation and development, compares with and analyzes the opinions of monism, dualism and trialism on this system, and affirms that this system covers exclusive right, joint right and member right. The joint right as the key part of those three components of the ownership of apartment, this article analyzes its concept and legal features.The second chapter talks about the object of the joint right and it includes four parts. The details cover the types of joint part, namely the object of the joint right, its legal feature and the identification of its scope, coming up with the author's viewpoint on the legal feature based on the analysis and comparison of some academic opinions, comparing with the legislation of the scope of joint part between our country and some other countries and regions and raising the author's own perspective. In the meantime, this part also discusses two common types of disputes on the joint part, namely the right ascription of community parking garage and chamber.The third chapter addresses the joint right of joint part of apartment house, namely the right to joint use and covers four parts. Here analyzes and talks over its concept, object, principal part, principles of exertion, the rights and obligations of the principal part, and the legal liability once violating obligations.The fourth chapter brings up the exclusive right of use of joint part of apartment house and includes three parts, which raises the concept of the exclusive right of use, sets forth the object of the exclusive right of use, analyzes the legal features of the exclusive right of use, researches on the reasons of generation and elimination of the exclusive right of use, and here the author also gives her own point of view on the principles of setting up the exclusive right of use and its legal features.