Study On The Relationship Between The Condominium And The Foundation

The establishment of condominium code has been the focus of the theorists and the legislature for a long time. As one of the most important aspects of Civil Code in China, condominium has gradually attracted many scholars'attention. There are already many articles on this subject being published, however, few of them focus on the relation between the condominium and the foundation. Thereby, many practical problems are still controversial without the last word even within the academic domain. Based on this situation, the author devoted herself through the master period to studying such a relationship from the theoretical aspect. The author compares the current status of study on the relationship between condominium and foundation with that between building and land on the whole. According to this comparison method, this article can be divided into three chapters.In chapter I, the author focuses on presenting clearly the concepts of condominium and foundation. Initially, the author summarizes the meaning of condominium and building, and further the author introduces the essential concepts of land and foundation, which is followed by the rights on the foundation. All of these concepts are the bases of further discussion in this article.In chapter II, the author explores the legal experience from the Common Law and the Civil Law at first. There exist two legal regulations. The key point is whether the building is transformed from the land or not. As a compound ownership, which choice is more suitable for the condominium? The author emphasizes on this point in this chapter. First, as we know, there are more than one kinds of ownership on the condominium, and the second floor does not contact with the foundation. Therefore, whether the owners of the second floor have the rights of foundation or not remains a question? If so, what right do the owners have? Second, base on the complexity of the foundation rights, there are more than one rights on the same foundation. So we should know how to distribute these foundation interests. Based on the two points as listed above, the author makes an analysis in detail and presents the conclusion that the condominium should be transferred with the foundation rights.In chapter III, the author analyzes the current status of the registration of condominium and foundation in China. Since there is no special law in our country, people always refer to the general law when dealing with the practical problems on the relationship between condominium and foundation. Consequently, many jurists bring forward their own opinions in the process of establishing the Civil law of China. This article compared these opinions. In the end, the author puts forward some proposals on the relationship between condominium and foundation toward the current controversial issues.Because of the author's lacking sufficient experience and academic sense, there may be some deficiencies and even some faults in this article. The author welcomes the readers'criticisms and instruction.