A Detailed Study On The Owership Division System Of Buildings

On March, 2007, the enactment of ((Law of Property)) at the Fifth Session of the Tenth People's Congress is a significant and epochal milestone for the legislation of ownership division system of buildings in our country. Up to this point, ownership division system of buildings has been established officially and maturely in China, which marks a great progress of our country's legislation and the maturity of basic theories in this field. However, this doesn't mean that the system has been perfect both in legislation and in theory. The regulations of《Law of Property》on ownership division of buildings are too principled and too simple that it's hard to effectively adjust the legal relations appearing in ownership division of buildings in practice. Moreover, with the development of economy and progress of technology, people's division on the ownership of buildings will become deeper in level and keep expanding in its range. Therefore, new legal relations for ownership division of buildings will never cease and the system should be improved further to gear to it. Such problems discussed in this essay as property shops, the use of platform of roof top and the division of the space around the buildings still can't be resolved effectively and need further rules and regulations in the law. In view of this point, the writer hopes to go on further on the basis of the elder scholars' theory study in this field and will analyze some more specific and slight problems so as to promote the improvement of the system on the basis of inheritance and absorption of the previous theory study on this system.The thesis uses three typical examples that our current law couldn't deal with perfectly to bring out the demand for a further study on the theory of ownership division system of buildings. After a simple introduction about the basic theories of the system, the essay will mainly talk about two aspects: one is about the questions on "three rights" and the other, some special problems appearing in the ownership division of buildings. About the "three rights" questions, the writer will firstly introduce the main theories and viewpoints about the delimitation of proper part and common part in ownership division of buildings and then, based on it, surpass these contradictory questions and put forward countermeasures to resolve them. To be specific, in terms of the close-knit proper parts, the writer makes a detailed analysis on the constraining relations among the owners for property division as well as on the distinction of neighborhood relations. As to the character of common parts, the writer puts forward his own opinions by critically assimilating the current major theories. Aiming to the disputes on the legal character of self-governing institutions and to the deletion and inefficacy of estate committees, the writer also raises some methods to resolve them.The third chapter is about some special problems emerging in the ownership division of buildings. First of all, with analysis of the legal character of property shops, the writer draws some views on the division ownership of buildings for special use from the particular to the general and by taking the disputes appearing in the use of base in practice as point of penetration, the writer clarifies the legal relations of each owner for their joint ownership of base in accordance with the character of base; at the same time, from the view of estate management, he also analyzes the connections between division of buildings and the base. Second, to the disputes on the district garage property, the writer classifies different kinds of district garages according to the estate techno-economic indicator (i.e. volume ratio) from an economic angle and then puts forward some rules for these disputes. Third, the writer analyses the independence, independent economic value and ownership of the platform of roof top. About the ownership of roof attics, the writer holds the view that attics lower than 2.2 meters in high should be the appurtenance of the top floor of a building and people who live on the top should enjoy the ownership. In the end, with the increase of people's consciousness on the use of space, division of space around buildings will show more independent economic values. Therefore, the writer makes a detailed discussion on the laws and rules about the use of space division and its enactment,earnings and punishment according to usufructuary right.