Research On Legal Issues Of Condominium

Condominium is a significant kind of real property ownership of the modern civil laws, consisting of the exclusive ownership and the co-ownership. The author make an in-depth analysis and research on the co-ownership of condominium, then put forward a tentative plan for the legislation of condominium in our country. The article is divided into four chapters except the preface and the conclusion:Chapter 1 summarizes condominium. It firstly makes a brief introduction of the historic development of condominium. And then compares and analyzes the merits and demerits of the diversified scholastic theories about condominium. It advocates the dualism that is condominium consisting of the exclusive ownership and the co-ownership.Chapter 2 does some research on the co-ownership of condominium. At first, it defines the common facilities of a building, and discusses the belonging of the parking lots. Then it delves into the characteristics, nature and contents of the co-ownership of condominium, saying that the co-ownership of condominium should be coordinate to the exclusive ownership and it is a special co-ownership by shares. It also puts forward the calculation criteria of the shares should be the squares of exclusive areas. Lastly, it discusses the setting mode and the nature of the exclusive right of usage to the common facilities.Chapter 3 turns to the management of the common facilities of condominium- buildings. Using the comparative research methods and analyzing the legislations of our country, it has a deep look into the management organization, management constitutions and the management fund of condominium-buildings.Chapter 4 mainly discusses the legislation of condominium in our country. Firstly, it analyzes the current legislations of condominium in our country, pointing out the necessity and urgency of the legislation of condominium. Then basing on the analysis of the lengths and shortcomings of the three legislation modes of condominium, it brings forward the suggestion that our country should adopt the legislation mode of"the Civil Law + the Law of Condominium". In the end, it sums up the article and puts forward some specific suggestions on the legislation of the co-ownership of condominium.