Study On The Residential Realty Right

With the development of modern real estate and realty management, various sort of legal disputes in residential quarters are increasing day by day, while the ascription of residential realty right is the premises and basis of all. The condominiums is the basic theory to deal with the dispute of residential realty right in the city, because of the deficiency in legislation and the thorough theoretical research, the disposals with the disputes are diversity in different places.This article is the theoretical research for the property rights in residential quarters through the analysis of the condominiums, combining the realty neighborhood relationship. This article also do some analyses in exerting and restricting exclusive rights and the ascription of special co-own which are the most typical dispute of the two sides in residential realty right in actual practice combining the legislation , then comment on some regulations in the ((Real Law of People Republic of China(draft))) and give some advice for lawmaking.This article consists of three parts: the introduction, the main text and the concluding remarks. The main text is principal part of the article and is composed of three chapters.The first chapter is divided into four sections. The first section is for the residential realty right dispute in the ascription and deficiency of conditional rule in the real right for the dispute. The second section introduces the source and intension of the condominium theory and analyses the vulgate viewpoint. The third and fourth section exercise the condominiums to the analysis of the ascription in residential quarters right, discussing the theory of exclusive right in the residential quarters and co-ownership, expatiating the object and content.The second chapter consists of two sections, analyzing the realty neighborhood relationship in residential quarters, namely the neighborhood relationship in the condominiums. The first section introduces the basic theory and quality of neighborhood relationship in the condominiums, summing up the character from contrasting with the common real neighborhood relationship. The second section is for the specific contents, such as the passing relation in neighborhood, using relation in neighborhood, preventing danger relation in neighborhood and imponderable infringement in neighborhood, and point out the ruling regulation by the manner of the public stipulations of agreement.The third chapter exercises the condominium theory, combining the legislation, to the special questions of law in residential quarter co-ownership which are the major disputes in the justice practice. It is composed of three sections. The first section is for the dispute in the ascription of parking garage right in residential quarters, the second section for the ascription of chamber right and the third section is for the right of built on stilts in it, then analyzing the ascription of the property right, giving some lawmaking advice for the deficiency of the legislation in force.