Research On Co-ownership Of Distinguishable Ownership Of Building

Because of the conflicts between increasing population and shortage of urban area, city buildings, especially residential ones, have been extended to higher floor. Lots of disputes come along with the distinguished ownership of high-rise buildings. As the late start in theoretical research on this field and the coarseness of relevant regulations in the Property Law, it is difficult to deal with those disputes properly. Under the situation, it becomes imperative to improve the distinguish ownership system. In practice, disputes often come along in the co-ownership part, which is the soul of ownership system with the exclusive ownership. Therefore, it is necessary to research the co-ownership part of distinguishable ownership.Co-ownership part of distinguishable ownership refers to the owner's legal rights of occupating, using, and benifiting from the shared part of a building. Because the object is the shared part of a building, there is more than one owner. Therefore, this kind of rights are affiliate, imperfect, limited and indivisible. The legal nature of the co-ownership part of distinguishable ownership should be judged by the detailed rights. The rihgt to use the shared part should be confirmed as common ownership. The usufruct should be judged by the shares.The object of the co-ownership part of distinguishable ownership is the common section of a building which can be divided into all shared, partial shared, legal shared, committed shared and natural shared section. Compared with international legislations on common section, it is proper to define it by excluding and enumerating. The co-ownership includes the rights and obligations of the people who share the section. It has its particularity, compared with the common ownership.The disputes of common section often rise in the right of using community chamber, grass, parking space and flat roof. Disputes will be solved as long as the ownership can be defined clearly.The ultimate purpose of this research is to protect the distinguishable ownership. It can be protected by establishing and perfecting a registered system and a civil liability system. What's more, it is also important to establish a relief system to solve the problems after distinguishable ownership is harmed.