Study On The Ownership Of Shared Part And Its Use In Residential District

Accompanying with China's population growth, economy prosperity and the speeding up urbanization, the demand for living space and residential land area are growing quickly. A conflict between limited land resource and the big demand of it has arised. One of the ways to resolve the conflict is to increase the land utilization rate by constructing high buildings, which has resulted in more and more co-owner buildings. In March 16, 2007, the Fifth Session of the Tenth National People's Congress passed the Property Law, which was a landmark of the legislation history in China. However,provisions of Condominium ownership in Property Law is too simple to conduct practice. Many of the disputes and problems, particularly about the shared part , can't be resolved effectively. Hence, the writer hope to make a step on the study of shared part co-ownership based on the older generation scholars'research. Through inheriting and absorbing the essence of related theories, the writer analyzed the more specific issues about the right of the shared part and its use. I hope the work I did could make a bit of contribution to the establishment of the condominium system and could bring benefit to solve the disputes about the shared part in residential district.This article firstly carried out fundamental theory research. It's necessary to do research on condominium system since the co-part is part of a building. we gave emphasis on the co-ownership in this part. Secondly, we expatiated the taking of the co-ownership as well as its use in general condition. Then we took further analysis of the ways in which co-ownership part could be set exclusive right. Next, we took example research by choosing the co-part that of most possibility to give rise to disputes to demonstrate how to use condominium theory in dealing with the realistic problems. At the same time, deficiencies of the existing theories had been pointed out and comments had been made to it. Finally,the writer cited and appraised related laws and codes ,especially paid attention to the Property Law. Some suggestions and thoughts had been put forward to perfect the property system of the co-part in China's urban residential district.