Research On Co-ownership Issues Of Condominium

According to the difference of function, co-ownership apartment can be divided into the exclusive part and the common part. The co-ownership is a special kind of ownership of real property. Its particularity lies in the relationship of common benefit. The owners of the apartment are an entirety of benefit. In practice, lots of issues occur because of the indefinite category of the shared part of the apartment. The crucial point of the issue is to definite the nature of co-ownership and the category of the shared part of the apartment, which is the theory prerequisite of the research on co-ownership issues of apartment.To definite the nature of co-ownership, we should study it from the point of common relationship among co-ownership holders. Co-ownership holders are a benefie entirety because of the common part they shared. It's the basic character of co-ownership that nobody can deal with the common possession unauthorized. Therefore, we can definite the nature of co-ownership as joint co-ownership. Though the co-ownership holders have their shares of the common part, these shares are potential. The holders can't deal with the common part without authorization and can't propose to divide the common part. When the shared part is transferred with the exclusive part, the holders can only afford the cost of the common part and share the interest of it according to their potential shares of the common part. The co-ownership should be exercised by the team organized by all co-ownership holders. Therefore, the common shares of the co-ownership is not the content of shares with portion.The crucial point of the category of the common part is to definite the judgment standard of common part. The fundamental character of the common part of condominium can be revealed if we study the problem from the point of subjects of co-ownership. The nature of the common part lies in its common interest, and how to judge the common part should according to the standard of the exercise of co-ownership. The holders should exercise their rights together, however, they may set their exclusive rights of exercise on the common part to satisfy their different needs. Of course, the set of the exclusice right will be restricted by the common nature of co-ownership, that is , the set of the exclusive right should conform to the common interest of co-ownership holders.In practice, lots of issues occur because of the ascription problems on parking space. We should judge the right of parking space from the relationships of interest reflected by parking space. The parking space is a supplymentary part of a building and it is functioned as a part to make convenience to parking, therefore, the parking space should be a common part of condominium in legal, and the exclusive right can be set on it.In a word, this thesis studies the co-ownership issue from its nature, object, and its exercise to definite the concept of the denotative and connotative meanings of the co-ownership on condomimium, and hope to provide some meaningful advice to our judicial practice.