Study On The Right Constructions Of Condominium

With the advance of science and technical and the architecture industry, more and more skyscrapers have been constructed. So as to make efficiently use of the urban land and settle the conflict between the absences of the urban land and the inhabitation of increasing population, the space of living has developed to the high sky so that many persons live in a building. In the building, all inhabitants are collected with each other by the part that they use jointly. Although each owner or inhabitant possesses special part of the building, community relation of the building has been formed in fact. In order to maintain and develop the mutual community relation, manage the common affairs and create a harmony, orderly and peaceful environment, it is necessary to regulate and institutionalize the community relation. Thus, the rules of condominium emerge as the times require. The condominium is an important system of real property ownership in Property Law. It is also a legal problem that almost everyone must be confronted with in the city life. The rules of condominium was firstly regulated in the six chapter in Chinese Property Law adopted on march 16, 2007. Our country legal rules of condominium have been formed. Making reference to the legislation of many countries in the world and some scholars' theory and collecting our country practice and legislation situation, the author discusses from the following aspects:The first part is the overview of the rules of condominium. It is basic theory of this article. It introduces the historic development of condominium and legislation in common law, civil law and our country; the concept and relevant theory of condominium; argument with the character of condominium and the author's opinion; the character and relevant legal problems of condominium. The second part sets forth the right structure of condominium as the heart consent of this article. It introduces the basic contents of sole property, common owner property and membership right and relevant theory and the author's view of relevant problems. The third part evaluates the rules of condominium in Property Law and provides suggestion on legislative model, legal structure and contents and so on. And the author also produces contentions and advices of her own on the insufficiency and defect of the real law.