On The Condominium Ownership

The condominium ownership, one of new kinds of real rights, is regulated in the Real Right Law of the People's Republic of China (shorted the real right law as followings), which is approved and valid this year. In today modernizing in the city, the right is significant role to regulate the owners'rights and duties, who live in the apartment building. Before the real right law approved, plenty of experts have studied the right, the regulations in the law illustrates their researched achievement, consisting of exclusive right, joint ownership and supervision right. The article will analyze carefully the right through the subject, object and the content of the legal relation, depending on the regulations in the law, studying its special regulation and application.The article thinks the condominium ownership is not different from the general ownership essentially. The so-called discrepancy exists only in aspect of the object, namely the former's objects, the apartment buildings, are adjacent each other, then, while the owner use the right, he should be wary to the others'. For this reason, there are also the joint ownership and the supervision right within the right. Thus, to the exclusive parts, applying to the regulations as same as the ownership's. To the joint parts, there are some regulations to the ones being easy to conflict in the real right law, but the regulations is not perfect. The article thinks, through talking about especially paths and meadows, cars sites and garages and common instruments in the neighborhood, to explicit the ownership in accordance with the construction layout and the contract. If it is unclear, then the joint ownership should be precedent. As a character, the article studies particularly the people's air defense projects, which rarely talk about in the other articles. It is very widespread that the project lies in the underground constructions of apartment buildings. There are plenty of commercial opportunities within it. Because of the absence of the ownership regulation, there are conflicts in it. The view to the question is considerably difference between central administration and certain provinces and cities. The article thinks that it should be precedent to owners, according to such principle, which those who invest should posses the benefits.The article thinks that the exercise of the joint ownership depends on severely the regulation of the supervision right. There is a typical civil society in owners. Coordinating the action between owners relies on the regulations of the owners'plegde worked out by the general meeting of owners or the owners'management committee. The pledge is the charter between owners, which reflects the owners'aspiration. To protect the owners'rights and implement the condominium ownership fluently must rely on the pledge. Through using for reference of Beijing HuaYuan company's excellent experiences, the article thinks that there should be the regulation about the share the owner should have to the joint parts in the owners'pledge, so to decline the conflicts in the future. The article thinks that the condominium ownership is a kind of right which is in living. The theory involving it should serve in the need of reality, protecting owners'benefits and constructing harmonious communities are its ultimate purpose.