The Research About The Ownership Of Community Part In Construct Scope

In recent years, many parts of China the garage area of property management, clubs and other public facilities equipment used in the dispute, the reason lies primarily related to define the ownership of property rights not pure. Many owners, property experts eagerly look forward to Property Rights can work out this problem, but from the introduction of the Property Rights we can not find the relevant provisions of the relevant defined. This text passes the research to the theories of building discriminate proprietary right, a comparative analysis of foreign-related laws, combine case analysis, had part to carry on a define to the distinction, and to the power which totally has the clubhouse, the roof platform, outside wall noodles and small area greenly belonged to carry on exclusively analytical with a view to benefit our country's building discriminate proprietary right to the sound system, the benefit of the relevant statutory provisions on Property Rights to be adjusted accordingly.This paper studies and the results are as follows:Classify the foundation of theories of building discriminate proprietary right, based on studying of building discriminate proprietary right in the Property Rights, think that it exists buildings objects were not clear and did not clearly defined part of the two issues.Studying the contents of the distinction communal rights, referring to foreign-related legal provisions, and analyzing the definition model of communal parts, the paper cited law and that the giver and the receiver model of combining together to define the public part of the classification is more appropriate, with this had part to totally to carry on more for complete define .Aim at the situation our country present of the problem that the residence area garage belongs to who. Referring to Taiwan and foreign-related legal provisions, analyze three kinds of standpoints of the local scholar to the garage ownership, the paper through the relevant provisions of the Property Rights Law, think that the garage spaces belongs to all of the owners of all, and resolving the remaining issues were proposed.Aim at the controversies of the club building, roof terrace in the reality, green land, outside wall etc. belong to part people or all of the owners, this text passes case analysis, with related laws and regulations, to clubs, the roof platform, green, the outside walls were clearly defined ownership, and the reality of how charge the use of these shared part of a reasonable proposal.