The Limits Of Condominiums Ownership Proprietary And Common Owner Property

Condominiums ownership system, as an important rights system in"Real right law", has important significance as defined in the district buildings and ancillary facilities, but there are omissions in the new"Real right law". Mainly reflected in the uncertainty of the limits of the proprietary and the common ownership. On earth,which is the part of proprietary, which is the part of the common ownership, and how to define the boundaries, and what kind of principles and standards are not clear. These problems may lead to Legal disputes in real life. To improve this, we need to have a discussion to distinguish between these two ownerships'boundaries.Through a typical case and based on the research and assessment.Of different national laws on these, a detailed discussion has taken about the relevant principles and standards on the boundaries limits of the condominiums ownership, the exterior walls , garage parking spaces and"ancillary facilities". What is more,commenting on the relevant provisions in"Reality of laws"and give the proposed on the possible future introduction of the"Supreme People's Court on < Real right law > implementation of a number of issues the views".In discussing the legal regulation to the condominiums ownership, through US, Germany, France, Japan and so on, many countries legal rule enumerating had pointed out proprietary partially has in the common place, that is, the use and the structure independence in the various countries' limits, proposed proprietary parts are partial decides as: The condominiums ownership and its the attached facility may be independent in the structure and the use, may alone taken sign of the part of the building; The common ownership parts are partially decided as: besides the proprietary part of condominiums ownership and its'attached facility, the structure and the use in common ,all legal or agrees the part by all property rights person either by the partial property rights person.To define proprietary parts, the author analyzed each theory and proposed independence in the use and in the structure, independence in the legal, qualitative in the agreement indeed, rationality in the use and the proprietary contained the wall, the column, the floor and so on in the partial center core, which is called"finally whitewashed the surface layer concurrently to pick the heart say"; To define common ownership, proposed the connection in the structure, the common in use, the common to the law and the litigant agreement.To define the outer-wall, through analysis the use of the outer wall, according to the social life actual need, the author proposed the outer wall should not commonly belong to all owner, but according to the actual situation, belonging to the whole and comment on the revalent case.The define the parking space of proprietary and the common ownership, the author discriminate ground berth and underground berth. Regardless of being the two, because it is clear and simply, easy to divide the property rights and the scope, does not exist proprietary parts and the common ownership. To define these, the author discuss proprietary say, the total-ownership say, the country say and compromised say. The compromised said in manifested the civil law autonomous principle, the rules and regulations developer to violate the proprietary equity behavior, to satisfy the different owner at will to aspect and so on garage different demand reasonable validity, suggested accepted and consummates compromised says the viewpoint, and had pointed out"Real right law"in the garage stipulated have not been clear to the garage property rights agreement's measure, to takes the garage property rights ownership not explicit deficiency which the owner the path constructed, to made up"Real right law"proposed oversight of regarding the garage stipulation.The define"the ancillary facilities"of proprietary and the common ownership, the author considered"the ancillary facilities"is the new concept in"Reality of laws", but"Reality of laws"does not have the explicit connotation and the extension question. Regarding this, according to various countries' the related stipulation, and unifies in our country, the author acts plot to be related the facility the actual service condition, had pointed out our country legal rule"the ancillary facilities"are unclear the question, and according to the practical life experience, had determined these two kinds different proprietary. Namely,"the ancillary facilities"will divide into the equipment class ancillary facilities and the building, the location class ancillary facilities. Two kinds have carried on the analysis separately, it had determined in the equipment class ancillary facilities' to its limits principle: proprietary generally in the building proprietary part's equipment facility, in the building altogether has in the part equipment facility is generally altogether has; The construction, the location class ancillary facilities limits' principle is: Generally should defer to all exclusive rights person to altogether have processing."Reality right law"as the basic law to take the processing civil real right dispute, not only should be the general outline civil right manifesto, but also should be the concrete rule which the right exercises. But in fact,"Reality right law"truly has some slight defect in the condominiums ownership stipulation and easy to initiate in the real life the law to dispute, specially, in proprietary with in the limits, which either has the meaning unclear place or has the stipulation briefly place, causes to operate the angle in the real life to have some to grasp the nature with difficulty. In order to promptly performs to supplement and correct "Reality of laws", promotion law and society's progress, we may consider what will appear"the Supreme People's Court in the future Certain Questions Opinions Which Will implement about < Real right law >", will perform in among to"Reality right law"to improve and the consummation, like will be clear about the building"the attached facility"the definition and will limit its scope, will be clear about the limits condominiums ownership has principle of, the standard the boundary, especially regarding the outer wall, the garage, the berth this kind of focal point question detailed explanation, will carry out each link, the substantial exclusive rights person and the person right duty concrete content, regarding will agree the garage, the berth property rights question further in detail stipulated.