On The Adjacent Relation Of Condominium Ownership In The Building

In the modern society, thanks to the acceleration of China's urbanization process, advancement of commercial housing reform, development of three-dimension land use and construction techniques, massive high buildings and large-scale communities have become the main solution to housing problem. Such change in habitation ways generates a new ownership concept– condominium ownership in the building. As the exclusively owned property of each owner is built on the same building, there will be three-dimensional adjacent relations, which is more complex and more important than the traditional relations. It challenges the traditional adjacent relations in tackling the right disputes among the condominium claim owners. It also attracts great attention from the law professionals. Such questions are always encountered in judicial practice.How to define this kind of new adjacent relations? What kind of challenge does it bring for judicial practice? What kind of rules should be established? Currently in China, law related with this kind of adjacent relations is too weak and inadequate. Due to the weak theoretical study and lack of implementation rules concerning such adjacent relations of condominium ownership in the building, the traditional theory and prescription are far from enough to solve the complex disputes among the composite condominium owners. This thesis studies the basic theory of condominium ownership and systematically streamlines the literatures about the adjacent relations of condominium ownership in the building. After analyzing its difference from the traditional adjacent relations, the thesis discusses its regulation and rules, contents of legal relations, technical core of the regulation and nature of claiming rights. By studying the case in judicial practice, the thesis defines the adjacent relations of condominium ownership in the building, analyzes rules of judicial adjudication,reviews the current legislation and point out its weakness. At last, by referring to the related foreign legislation, the thesis put forward some suggestion for improving the system of adjacent relations of condominium ownership in the building, for the sake of some contribution to the theory development and judicial practice related with the adjacent relations of condominium ownership in the building.