The Study Of Co-ownership Of Building Owners

Our country had a reformation of people's housing system from the eighties in the 20^th century. People could no longer get a house from the work unit and had to buy their apartments in the market. With the rising of the modernization of the cities, population in cities increased sharply. As a result, more and more residential quarters appeared in big cities. Because there was no special law on apartment ownership, the disputes on this matter became a hot problem in our current society. The exclusive part is absolutely independent in the structure and the use; scope boundary is clear and the right and duty relations are clear, therefore the disputes are less. But the co-owned objective includes the parts outside of the exclusive part, such as the grassland, the garage, the staircase, the roof and the outer wall and so on, the right boundary is not easy to differentiate, therefore the disputes are often easy to produce. The matter also becomes a hot point in the theory field.The object of the co-ownership includes: the building fundamental construction, the facility and its appendage, the building public necessary facility and the ground.The contents of the co-ownership refer to the right and duty of the co-owner. The co-owner of the building has the duties and enjoys the rights. The rights include: the partial rights of use, the partial usufruct, the person's disposition rights, and so on. The duties include: maintaining present situation, using the co-owned parts according to their original ways, expense burden duty and so on.Owners exercise their rights mainly through composing the co-owners congress, formulating the management agreement, electing the management committee and employing the estate management enterprise.As a result of our country's socialism system of ownership society's nature, our country's land belongs to the country. Any person is impossible to have the property rights of the land, and only can obtain the right of use. In this way, the special base right of use system is special in our country. The 149th stipulation of our country reality of laws is that the expiration period of residence construct land automatically extends when it expires.Although our country's reality of laws already appears, the problems of garage, the grassland and the roof space are still the present contradictory. The problems are also commonplaces. We should strengthen the research to solve the problems and perfect the legislation of our country's building co-ownership.