The Exclusive Right Of Building Differentiation Ownership

The system of building differentiation ownership is a new type of freehold which is developed in modern society. It is an essential part of our country's property law. The implementation of this system is valuable practically and theoretically. It contributes a lot to improving the civil law legislation and to protecting the citizen's legitimate rights. But in the property law, the provisions on building differentiation ownership are quite insufficient. The general principles established in such provisions cannot be feasibly applied to enforcement. In my paper, I will explore some relative regulations about building differentiation ownership in the property law in the context of our country's reality and then focus on one point to give my argument on the topic: On Building Differentiation Ownership---Exclusive Rights. There are four parts besides the introduction and conclusion.The first part will define the exclusive rights of building differentiation ownership. This part will first expounds on the generation and development of building differentiation ownership, then it will point out the exclusive rights are the owner's rights to possess, utilize, obtain profits from and dispose of the exclusive parts of the apartment building, and it is a matter of air right. Based on this, this part will expound on the legal status of the exclusive rights, and straiten out the relationship between exclusive rights and joint ownership, and the relationship between exclusive rights and member right.The second part will expound on the object of the exclusive rights in building differentiation ownership, namely, the exclusive sector. This falls to four parts: firstly, by analyzing the theoretical differences of defining the objects, it will get the conclusion that the theory of"Plaster Rendering Skin is more scientific and reasonable. Secondly, it expounds on the elements that should be considered when defining the object of the exclusive right: the object of exclusive right should be independent both in structure and application, it can be the subject matter on its own, and it can be registered transparently.The third part expounds on the exclusive right in building differentiation ownership. It contains that right the title owner should enjoy and the obligation the title owner should undertake. The obligation includes various restrictions that will be met during the process of exercising the exclusive rights. For example, the title owner have the obligation of restitution in integrum, the obligation of not threatening the safety of the building, not harming the legitimate rights of other proprietors, so on and so forth. Also it studies the obligation of the title owner on commonly-shared sectors.The forth part reflects on the legislation of the exclusive right of building differentiation ownership in the property law. In this part, it mainly gives some suggestions on the insufficiency of the regulation on exclusive right in the property law. And it expounds on the legal regulation of the garage and car parking space in the exclusive right and the existing questions, also it elaborates on the orientation of legislation and provides some feasible suggestions.