The Research Of Common Ownership Of Condominium Ownership

Chapter six of Property law of the People's Republic of China isabout condominium ownership. This is the first time that"condominiumownership"is written in law in China. It is an elementary and importantownership form of real estate in modern civil law. At present, mostscholars agree that the"Gemeines Raumeigentum"in German includingparticular ownership, common ownership and member right, is morereasonable, because this theory involves all the legal connections comingfrom condominium ownership. Based on this theory, I will do someresearch for common ownership.The common ownership of condominium ownership is a kind ofproperty right with which the owners can be entitled to use the soil,groundsill and some establishments in the uptown commonly accordingto law, contract or agreement. Compared to the usual common ownership,it has many characters. For example, the right has to be presence withparticular ownership and it can not be divided up. With all the characters,maybe we can take"own with quotient but not be divided"to determineits quality. In the thesis, I analyze the rights and duties given to the owners who share the common ownership, and the legal liabilities shouldbe taken when the duties are disobeyed. There are two ways to get thecommon ownership: getting from the originality and getting fromacceding. No matter how it is got, the particular ownership is decisive. Inorder to clear and protect the benefit of the owner, we can number thecommon space and register it individually as Taiwan province has done.To exert the ownership, there are also two means: exert commonly andexert single. At last,I discusses who should get the ownership on somespecial spaces such as parking space, greenbelt, rooftop and chamber. Inour life, a lot of dissension comes from the four parts. Throughintroducing the advanced law and experience in developed countries, Ipropose several suggestions.