On Common Ownership Of Condominium Ownership

People's housing inclines to high-level development, resulting in a number of people co-own a building, thus lots of disputes arise, which concentrate in common ownership between co-owners. Thus we can solve most disputes of the building if we can solve the disputes of common ownership.Compared with general common ownership, it has its own features. Its subject, object, contents, classifications of the rights are more complicated. About its legal feature, there are a variety of doctrines on this issue such as joint ownership and part ownership. But we can conclude that the doctrine of joint ownership is more reasonable after comparison because of its combination between the owners.Because of the breadth and complexity of public part, the scope of public part differs in different country. It still needs improvement in our country. In practice, the majority of disputes are derived from public part as well as the performance of common ownership including the ownership of the green land before window and the roof of platform, ownership of community clubs, cost-sharing of elevators. The contents of common ownership include right and obligations of the owners, but its principle of performance, the contents of right, the obligation and the legal consequences has its own special side.In March 2007, China promulgated the"The property law of People's Republic of China", and provided the condominium ownership system for the first time. However, at present the provisions of this system in our country are not perfect. To improve condominium ownership system, using"Condominium ownership Law"to regulate such system is the best choice. But the conditions of our country are not yet ripe for such kind of legislation, currently we use manners of civil law. We formulated this system in Chapter Six in"The property law of People's Republic of China". There are still some defects such as the name of condominium ownership, the scope of public part, the regulation of garage and parking and the owner committee, which are subject to the adoption of amendments to the legislation, legal interpretations or other ways to improve.