On The Structure Of Condominium

Condominium, as an important real estate system, originated in the slave society, accompanied with rise of cities. It was established in succession in many countries all over the world in the 20th centuries with the development of economy and the advance of society. The newly-adopted Property Law in our country also sets up a chapter on"House-owner's Condominium"which gives a comprehensive prescription about condominium. With progressive deepening of systematic reform of residential buildings commercialization, the high-rise buildings can be seen everywhere, and the disputes of condominium are getting increasingly common and complicated. It is a big pity that because of limit of the law system, the Property Law can not give full prescription on all parts of condominium. Besides, in some aspects, the regulation is indistinct and often leads to interpretations. So, probing into and completing condominium system becomes a problem to be urgently resolved in theory and practice.Based on a comparative method, this article looks back on the origin and development of the condominium system, comes to the conclusion through analyzing and comparing different theories that the condominium concept of trialism is more scientific and reasonable. Based on the above discussion, conducts further study on its properties and characters, and points out that condominium is a kind of compound ownership including exclusive right,common right and member's right ,which has many differences from traditional real estate ownership. At the same time, the writer reviews primary legislative mode regarding condominium in some countries, by comparing their strong points and deficiencies, takes the view that the best legislative mode for condominium is to combine the civil law mode and the condominium law mode. For this purpose, this article takes a complete and systematic discussion in exclusive right, common right and member's right, which includes their conception, character, quality, object and content. The basic contents and framework in the legal institution about condominium are also determined. The writer has deep and useful discussion on issues disputed in the academic community and judicial practice, which include the structural elements and confines of the exclusive part, the manners to confirm the range of the common part, the exclusive right for use of common part, the quotient of common right and the modes of the member's right exertion. Besides, the writer takes a deep research for the shortcomings of the related provisions in Property Law, especially for the issue in the establishing method of exclusive right for use, which is regarding whether the developers can set up exclusive right for use according to the contract of assignment, as a conclusion, the writer puts forward that some law should be established to forbid developers selling common part by the contract of assignment.