Study On The Condominium Ownership

About the title of the condominium ownership, different people give it own name and as well as its concept. The concept of the condominium ownership contains monism, dualism, new monism and three factors theory etc. According to the three factors theory, the concept of the condominium ownership is like this: the condominium ownership contains the exclusive right from the special part, the right to the jointly possessions and the membership according to the common management, maintaining and other public affairs. Shortly, it refers to the combination of the exclusive rights, common rights and the right from membership. From the history of the condominium ownership, we can find it start with the slave society. In the law of Rome, because of carrying through the principle of" one power of one thing" doctrine, the condominium ownership is not existed. Experiencing successively the German law, during the first half leaf of 19 centuries, England, France, Italy, and Switzerland, carried on the Industrial Revolution successively, which urge all countries to establish the condominium ownership system on own civil code. Arriving in 20 centuries, the condominium ownership acquired the tremendous development. Currently, our country the Property Law already passed legally by the NPC, and it will be carried out from October 1 in 2007 also. In the Property Law the condominium ownership is clearly stated .The law will guarantee condominium ownership, fully exert function of the property, perfect our country's lawmaking and the civil law systems.The quality of the condominium contains two factors. First , the condominium ownership is a kind of real estate ownership. Second, the condominium ownership is a totally new right, which includes the exclusive right common right and member's right. It has some characters such as complexity, the compound, opposite of the right contents and the space of the complexity etc. But the type of the condominium ownership can be divided into three types from the vertical ownership right to horizontal type ownership and to the admixture the above two types condominium ownership etc. Exclusive part and the common part are object to the condominium ownership. Knowing the concepts and the scopes is the premise to know the condominium ownership. What is so-called exclusive part is the part whose structure and function can is independent. That is , it has a separate exclusive structure, and hence it can be used independently. The exclusive part is the base to the condominium ownership. About the standard to the scope of it, popular theories are the wall faces standard, the wall heart standard, and the final painting standard. Among them ,the last theory, since it is advantageous to distinctive ownership ,and at the same time it can not injure the right of the others as principle, is more scientific. The common part has a more specific scope, therefore, many nations' law including our country's property law do a clear provision. The Property Law of the our country also makes the explicit provision about green park and area, club building, and the contents of the condominium ownership is exclusive right, common right and the membership right. Therefore it's necessary to analyze the three factors.The exclusive right also called "particular ownership " or" special ownership". The right provides freedom to usage, income and handling .Its contents includes the right and duties. But the right means the freedom to possess, use , get benefits and handle it in any way as willing. The exclusive right also provides the owner the power to expel the others interferences. The duties are the restrictions to the right of the ownership. Under the premise of the rule of law, duties must be stated through relative laws like our nation's property. Common is the jointly power according to the law, contract, and the owner conventions, which has the characteristics of itself. Its contents include usage power, the income right improvement power to the joint possession. Its duty is restrict to the right of the owner for the appropriate usage which is not appropriate. But membership right is special to condominium ownership right, which is necessary to the public management, and the public benefits. Membership right is an independent right, belonging to member's right of body. Its right includes the right to decide the important management the right of the election and the relief to special service team, participate in making the rules and the claim power etc. Its duty includes to pay the expense, perform the resolution, obey the rules and accept administrator management.The exercise of the condominium ownership include the exclusive right exercise, the common right exercise and the membership right exercise .When the right is to violate and threaten, the owner both can look for the national power's protection and also can depend on the private dint to protect own benefits within the scope of laws.