The Research On The Common Ownership In The Condominium Ownership

The ownership of part of co-ownership is the characteristic of ownership of apartment house and worthy of research. There is only one ownership in common buildings, which object is the whole building and there is no common portion, thus there is no ownership of part of co-ownership and rights as members. Therefore, the ownership of part of co-ownership plays a key role and is the entrance to legislation of ownership of apartment house. The ownership of part of co-ownership is the focus in judicial practice for the range of object is extensive and lack of legal regulation. In the article, we intend to study on the characteristic and content of the ownership of part of co-ownership and evaluate relevant articles in Real Right Draft and propose some suggestions. The paper is classified into three chapters except for preface and concluding remarks.The first part is about the concept, the characteristic and the nature of the ownership of part of co-ownership. The ownership of part of co-ownership means that the co-owner shares the right of possession, use, and earnings about the common portion according to the law or the contract. The ownership of part of co-ownership is different from common co-ownership and should be regarded as co-ownership by shares which is can not be separate.The second part is about the object of the ownership of part of co-ownership. The object is the common portion which is divided into legal and contractual part. The legal common portion is discussed in the paper. The ownership of part of co-ownership on special parts, such as the green land before windows, the space above the building, the parking area and underground parking area is also discussed. The right of the green land before windows belongs to all the members, except that one has got it by explicit means. The right of the space above the building also belongs to all the members, and it is not effective if the seller and specified member agreed otherwise. The right of the parking space belongs to all the members in principle, the right of the parking space of management belongs to one who has registered it, the right of the parking space which is located in the first floor belongs to the co-owner whose apartment has been computed in terms of volume. The right of underground parking space should belong to all members if its area has been shared, otherwise, it belongs to one according to the agreement or it will belong to all if no agreement.The third part is the performance and protection of the ownership of part of co-ownership. The right of use, right of profit and right of betterment and improvement on the common portion constitute right of the co-owner. The duty embodies use according to the special nature of common portion, beating a burden of costs and defending and conserving the common portion, the positive protection is studied from the angle of registration and management contract, and the type of tort and the ways of protection are also discussed.