The Research Of The Character Of Common Ownership

In our country, because the housing in the city tends to be higher and higher, a building is becoming co-owned by more than one person, and consequently, a lot of legal questions appeared. The condominium ownership is established just to accommodate the relationship of the people who live in the same building and solve the problems. In the preface, the author disagrees with the view that the condominium ownership is composed by the exclusive ownership, the common ownership and the membership. Because in the author's opinion, the common ownership's character is a kind of joint ownership, in which the membership is included. The judging of the common ownership's character is very difficult, but is the key to solve the problem just as the underground parking garage. So the author attempts to analyze the character of the common ownership, and then discusses the public part. The thesis is mainly divided into four parts:The first part focuses on the character of the common ownership of the condominium ownership. The author analyzes the three main theories on this issue, and concludes that the essential difference between joint ownership and part ownership is personal use which can give a perfect annotation to the common ownership of the condominium ownership. So the common ownership's character is a kind of joint ownership.The second part discusses the scope of the public part and its classification. With the criticism of the traditional judging standard, the author regards the personal use to the right way to judge the scope of the public part. The author also discusses the classification of the public part.In the third part, the author deals with the ownership of the roof and the underground parking garage. Compared with the dependent judging standard,the standard of personal use can make the scope more clear. Under this conclusion the roof is in the scope of the public part while the underground parking garage does not belong to the public part. The author also suggests that the underground parking garage can become co-owned with a contract or belong to the developer. When there is no contract or the contract is not concerned with the ownership of the garage, it should be co-owned by all the co-owners of the building.The fourth part is about an analysis of the provision in the real right law. The author mainly discusses the provision of the public part and the parking garage.In a word, the author attempts to solve relative legal problems of condominium ownership starting with the analysis of the character of the common ownership, and discuss about the new real right law to give some superficial advices.