Font Size: a A A

Research On Common Ownership Of Building Discrimination Property Rights

Posted on:2008-12-26Degree:MasterType:Thesis
Country:ChinaCandidate:Z X SunFull Text:PDF
GTID:2166360212993573Subject:Law
Abstract/Summary:PDF Full Text Request
The contradiction between urban population dramatically increases and the city lands for construction tension, leads that the city buildings ,especially the dwelling house buildings, already have inclined gradually to high-rizational development. For this, problems on the condominion ownership right come into being. But the research on the condominion ownership right theory in our country carries out later, there has no clear and definite formulation in civil legislation currently in effect to that system.Disputes produce produced by possessions happened inceasingly, therefore, establishing the condominion ownership right system is already to be imperative in actual life. The dispute happens mainly in connection with the common right problem in our life.The body is divived for four chapters.The first chapter in progress to the right of common is at the angle the body. This chapter has established the rational position of "San Yuan theory " firstly. On this basis, it has drawn forth the object concept on this account: Every person of the right range exercising the right of common institute and the common part on all buildings in the same differentiation. And then, has analysed the right of common character: Neither the common, nor the block of wood, and the answer is in itself- joint possession or shorter form of it is building to distinguish proprietary right . Thereafter, has analysed the right of common foundation characteristic: The complexity, universality, complexity, attaching, the nature forbidding mark. Finally, has discussed the content of common right : Right and duty of the owner.The second chapter has carried out the theory - - a relevance theory in comparative analysis. Point out exclusive right decisiveness to the right of common;Point out the average right of common universality relative to distinguishing right about right of common and average right of common; Point out right of common and border mutually alternative relation of right; About right of common and the base, points out the right of common people joint possession relation to base servitude.The third chapter from the practice, on disputes about the right of common, brings forward the solving scheme, and on Practice having carried out demonstration to actual life. Right about the top of the building platform has been confuted in process by the dispute solving some viewpoint of existence, points out the top of the building platform joint possession character at present; Essence has made in the dispute of parking belonging: The multilayer manage motor stoppage place (field) may exist independent property right and becomes the exclusive part, the floor motor stoppage place and the head a mere figurehead parking tier belong to the entire people in the whole building.The fourth chapter has carried out investigation and discussion from legislation angle , has expressed an author'will, following relative building differentiation proprietary right legislation ~ legislation discussion. First, the author has introduced that our country building condominion ownership right system of legislation in current situation briefly: does not build up the perfect system so far. Has carried out valuation on that draft at the same time of introducing that draft: Point out the "SanYuan" thought, and has suggested that the author's condominion ownership right to our country building: The boundary of the right- - the position of the right - - the content of the right - - the exercises of the right --the management of estates.
Keywords/Search Tags:the condominion ownership, the joint ownership, the exclusive ownership, the right of base usage, the neighbouring right
PDF Full Text Request
Related items