On The Exercise Of The Co-ownership Of Buildings

With high-grade buildings melting into people's life, more and more disputes occur surrounding the common part of the buildings. However, academic circles don't reach the consistent ideas on many issues, until now, about the co-ownership of buildings because of short time in research on legal system of the co-ownership of buildings and scattered laws and regulations, which often leads to many contradictions between the theory of the co-ownership of buildings and the practices. On basis of summarizing the research results in our country and collecting latest data from home and abroad, this thesis, which surrounds the questions of the exercise of the co-ownership of buildings, mainly discusses the following issues: the object range, the legal status of the co-ownership of buildings; the subject of exercising the co-ownership of buildings; the relationship between the rights and the obligations among the subject of the co-ownership of buildings. More importantly, the thesis puts forward several new standpoints regarding the issues as follows: the legal nature of the common parts of buildings, the legal nature of the exclusive right to use, and a new trend of the theory of the co-ownership of buildings which aims at the problems in the practices of the co-ownership of buildings.Through research, it is the viewpoint of the thesis that several co-ownership with limited disposition is the legal nature of the common parts of buildings. The owners of buildings can exercise the co-ownership of buildings directly. They can also vest the exclusive right to use and make other persons (including specially appointed the owners of the buildings and other third persons) exercise the co-ownership of buildings. The legal nature of the exclusive right to use should depend on concrete conditions: the contract of separate control, leasehold or usufruct. Generally, in order to protect the rights of the subject of the exclusive right to use, it is necessary to give them some special rights except the member ownership. Aiming at the problems in the practices of the co-ownership of buildings, the thesis suggests that it is the tread of the theory of the co-ownership of buildings to regulate single building and buildings separately. At last, the thesis brings forward the theory of the co-ownership of planned community and analyses the validity of the new theory.