The Study On The Joint Ownership Of Condominium

legal system of real estate, Condominium originated in slavery society. But not until 20th century this system had been stipulated in law. This system is also provisioned in the sixth chapter of the PRC Property Law which was issued in March, 2007, and will be carried out in October of 2007. In this law, there are some clauses about joint ownership. These provisions will be very helpful for the study of condominium and joint ownership, helpful for the perfect of the system and also helpful for the dissolution of disputes on joint ownership in the legal practice. This paper is composed of five chapters. The first chapter is about a brief introduction of the joint ownership of Condominium. The second chapter is about the content of the joint ownership of Condominium. The third chapter is about the acquirement and performance of the joint ownership of Condominium. The fourth chapter is registration of joint ownership of Condominium. And the fifth is about the use of joint part.The first chapter starts from the origination and development of condominium, and expounds the various theories about condominium. The author agrees with the tri-component theory in which the condominium is a special ownership which is composed of rights related to the particular owners of apartments, the joint rights of the joint parts and the special rights related to the membership. Based on the theory, the author expounds the object and the nature of joint ownership. By the contrast among all kinds of the divisions of the object of joint ownership, the author gives suggestion about the division of the object of the joint ownership in China. That is through ruling out and list to clear the object of the joint ownership. Nowadays, there is no agreement in theory about the nature of the joint ownership in the world counties. The author agrees that the nature of the joint ownership should be ownership by shares, which was assured by the PRC Property Law. In the second chapter, the content of joint ownership is discussed from the two aspects of rights and duties. The rights include use right, the gains right, the repairing and perfecting right, limited rights of disposing, and ect.. At the same time, the owner of the joint ownership should carry out some duties which include use the joint parts according its nature, share some fees etc., so that the function of the joint part can be kept.The third chapter is about the acquirement and performance of the joint ownership of Condominium. The acquirement of joint ownership depends on the acquirements of the rights related to the particular ownership. The use of joint part includes use jointly and in turn. For the fees of perfection of the joint part, all the owners of the joint ownership should share.In the fourth chapter, various legislations of registration in the world are listed and compared, and discusses the registration in China. In practice, the registrations are in chaotic of China, and even no registration for the joint ownership. So the author suggests setting up the registration system in China. That is to registrate the joint ownership when the condominium is registrated. There is no certificate about the registration, but should clear the basic the situations about the joint ownership in registration books.The fifth chapter is about the disputes on the use of some particular parts, such as the use right of fundamental field, the use of the platform on the top of the building, the use of parking field, and etc..