A Study On Co-ownership Issues Of Apartment

The ownership of apartment is one important form of proprietorship of real estate in civil law. The paper is based on "three element theory", namely, separated ownership consisting of exclusive ownership, joint ownership, and membership right. This dissertation mainly discusses about common parts of condominiums and related issues from legal perspective. It involves three section-common part and another two related issues. The joint ownership of condominiums is very complicated. In our daily life, so many problems about common parts of a condominium happen more often than not.Jus rerum, for the first time, has only fourteen articles in one chapter, concerning condominium ownership. It surely has some defects and omissions. Hence, based on wide legislative experiences from other countries in the world, combined with the necessity of real life, several aspects to be improved about joint ownership of condominiums are to be discussed in this paper. The following are five parts:The first part, namely, the general survey is briefly about the history of the origin, characters and meanings of condominium ownership. This part plays an introductory role to lead up to next part. The nature of it is condominiums ownership in itself, but not several ownership or joint ownership. The main characters of co-ownership right include the nature of complexity, universality, complexity, attachment, and no separation.The second part deals with the object of joint ownership of apartment. The definition and boundary of the co-ownership right is brought forward in this part. In addition, this part also treats of exclusive right of useThe third part mainly treats of several special object of joint ownership. It is so important to define the bound of common part. This part especially talks about several vital common parts like flat roof, green belt, base part, elevator and garage. And some problems caused by these troublesome object.The forth part is going to talk about the contents, namely, rights and obligations of joint ownership of condominiums. Those rights consist of right of use, right to yields, right of disposing and reclaiming right to a thing.The last part firstly analyzes the ideal legislative mode to be adopted in China. Then, some shortcomings and defects of current joint ownership right system are treated. Based on the sixth part of China's Jus rerum , some constructive advices are brought forward to consummate co-ownership of condominiums.