The Study On The Ownership-Divided Building

Housing is always the thing draws various peoples'attention in different countries. In China , with the rapid development of urbanization , more and more people have got used to live in urban cities . Meanwhile , by the restriction of current situation of the country , most houses and cell-framed . Therefore , the problems of right of enjoyment , right of common and managing competence of the blocks have brought concerns in the fields of academy and justice .In the beginning of 19th century , this was adopted by civil legislation formally . In the 20th century , especially after the two world wars , the ownership-divided building ,as one sort of civil system , got great development , and became one kind important system in various countries'law making . The countries and regions from continental law system and common law system make the law concerning ownership-divided building respectively . In China , such laws did not come into being in a long period of time. some ordains dealing with the ownership-divided building in Estates Law , meet such demands ..The dissertation can be divided into parts as below :The Introduction indicates age background and the writing significance of the dissertation .The text falls into three parts :Chapter one , the ownership of the ownership-divided building . In the first place , the summary of the ownership-divided building . there are four opinions on this concept : monism , dualism , new monism and triplism . Dualism is accepted by author , and is considered that the owner of the ownership-divided building holds ownership on exclusive part and right of common on shared part at the same time . In the second place , the author make some introduction to the object of the ownership of exclusive part . The object of the ownership of exclusive part is a right of space , and is confirmed by the independency of construction and utilization . It provides with the theories of center , space , surface layer of final wash , wall core and surface layer of final wash in the respect of the exclusive part range , and the last one is preferred by the author . Next , as the owner on exclusive part , the owner of ownership-divided building who has the right of ownership and adjacent bears obligation of not violating common interests and maintaining the divided building .Chapter two , the right of common on the ownership-divided building . First of all , the legal character of shared part may have the theories of in general and in common , and the legal character of right of common in shared part shall be shared-in common , but with some specialties from general-in common . Secondly , the author illustrates the range and classification of in-common part . Lastly , the author sets forth the rights and duties of the owner of ownership-divided building who enjoys the rights of common on general part .Chapter three , the managing competency of ownership-divided building . To begin with , the legal character of manager of ownership-divided building may be divided into modes of corporate body , non-corporate body , corporate body with conditions , and corporate body in terms of case law . The author believes that having independent property is the key factor to being a legal person as manager of ownership-divided building therefore . Next ,the author prefers that Chinese proprietor convention has no civil principal competency, and the proprietor convention may have such competency in case the law endows that qualifications .The Epilog sums up the whole dissertation resumptively .