The Research On Legal Problems Of Common Parts Of Condominium Buildings

Department of modern residential problem in all countries is a major socio-economic problem. Due to the limited land resources, as the increase in population, land use began to develop in the direction of three-dimensional. However, high-rise buildings are often different from the common people, a total of the right to increase the relationship between the complexes. With part of the ownership is not clear, in practice the majority of the domestic disputes often result hygiene.This is the distinction between one pair of all buildings and there were some issues related to the legal level to explore the article according to the property rights law. The article mainly by the introduction and the legal system and theoretical analysis of common parts of condominium buildings, a total of some of the rights and use of common parts and there are some practical problems associated analysis components.In discussions prior to distinguish common parts of condominium buildings, it is necessary first of a brief overview. Thus, in the preamble of this, the first review of the development of condominium ownership, and the"triple"point of view. Next, in the first part, distinguish all of the buildings shared part of the definition. Common parts of a total and exclusive part of the relationship ,and there are some types of legal nature and characteristics of simple exposition. The second part of the ownership of a total of some people enjoys the common ownership and exclusive right to use elaborate. In the third part of a distinction between all the buildings there are all kinds of people some of their rights and obligations and responsibilities. The last part,study of the garage, clubs and cost-sharing, and other practical problems for analysis.I attempt in the following three aspects innovation:Firstly, for the definition of common part, the main author of the proposed law defines the object with its more clear, specifically defined, and as a result, more clarity of property rights. Legislation should also were part of the legal nature of explicit provisions.Secondly, recommendations on the legal aspects of the exclusive use right. Set exclusive right to use the lot in practice, and property law in China is no requirement set subject, object and the way of setting. This is an important omission of legislation, it is necessary to provide additional and supplementary.Thirdly, proposed supplement, in the garage ownership is unclear, presumed to be common to all owners. Moreover, it is necessary to standardize the rental of parking spaces; spaces do to improve the registration of publicity. The fact is that the"clubs",there are two kinds of cases for specific provisions. There are some cost-sharing standards, in addition to exclusive part of the area ratio, consideration should also be given to the state of housing, layout and the owners live in with the actual number. Of course, the specific needs of the professional development of uniform standards.