Study On Classifying The Exclusive Use Right Of Publicly-owned Parts Of All Buildings

The balcony, gardens, parking space and outer wall, which are publicly owned by all the property owners are sometimes occupied by only some owners or the third party, and the ownership are varied. It is also not clearly stated in the Chinese Property Right Law, and intellectual study is also limited on the common aspects of use right, not classifying the differences among all the use right, thus lacking explicit rules for settling right dispute. Only classifying the differences among all the use right and studying their individual characteristics can the disputes be settled fundamentally and all the public parts be best used. The subject of the exclusive use right of classifying publicly-owned parts of all buildings (For the purpose of being simple and direct ,it is called exclusive use right as follows.) of this article is only limited on specific property owner but not the third party with the purpose of easy study. The new idea of the article is:Firstly, use right with the nature of servitude should be put in the core when you forward the system of classifying the exclusive use right of publicly-owned parts of all buildings and should be used as the main line when you go to classify the differences among the use right;Secondly, fully and deeply study the characteristics of exclusive use right with the latest theory of servitude;Thirdly, proposing three types of exclusive use right based on the current requirements.The article is divided into three chapters:The first chapter is basic theory of exclusive use right. It expounds the concept, object, nature of law, characteristics of exclusive use right and the rights and obligations by the users of exclusive use right, and on this basis analyzes the differences among exclusive use right and other use right. It says that the nature of law of exclusive use right should be servitude and that exclusive use right is advantageous when comparing with other use right such as leasing right.The second chapter is framework of system of exclusive use right. It analyzes the three types of set-up of exclusive use right: rules and regulations of management, public law and theory, trade contract of property. It also lays emphasis on the conditions required by the type of set-up of property trade contract, which is widely disputed. It proposes three kinds of exclusive use right according to the requirements of practice. They are closed, semi-closed and open exclusive use right, exclusive use right of commercial purpose and non-commercial purpose, and permanent and temporary exclusive use right. It finally discusses the type and content of the registration of exclusive use right and perishing of exclusive use right.The third chapter is study on the disputed issues of exclusive use right. It demonstrates the characteristics of exclusive use right from different aspects, thus bringing about the rules for disputes settlement by using the analysis ways and means with typical case study concluded in this article. It mainly analyzes the dispute about exclusive use right of the publicly-owned parts of housing estates, such as green area, parking lot, open space, balcony and outer wall.