On The Legal Protection Of Proprietors' Right

With the development of urbanization and residence construction, more and more resident realize the house owneralization, and live into the residential district, the Ownership of Building Distinguishing has already become a common phenomenon, so that the proprietor's right comes out. However, at the same time, the dispute arising from exercising proprietorship and infringement of proprietor's right emerge in endlessly in practice, it makes that the protection of proprietor's right becoming a prevalent topic which aroused extensive attention in the social circles. The so-called proprietor, is the ownership holder of housing estate and the one who has already handled advances sales of commercial housing There two kinds of rights enjoyed by proprietors, one is the Right of Ownership of Building Distinguishing; another is creditor's right based on realty service contract. The current legislation about the protection of proprietors' right is positive, but also with the shortages that mainly reflect in: indefinite division standard of distinguishing the exclusive part and undivided part of the building, which causes the unclear titlehood; the unclear position of general proprietors 'meeting and proprietor committee, which causes proprietors' rights lack the effective guarantee and relieve in the realty juristic relationship. In order to protect proprietors' right, and to against the drawbacks above, the current legislation should be consummated in the following aspects: First, Defining the standard for dividing buildings' exclusive part and undivided part, to clear the realty in district especially attribution of public facilities; Second, Introducing the concept of proprietor group, and setting up a operational institution for the systematic proprietors' autonomy; Third, Defining the realty service enterprises' responsibility in realty service, in order to show their protection of proprietors' right. Live and work in peace and contentment is people's fundamental pursuit to their life, enhancing the protection to proprietors' right has significantly positive meaning for promoting the establishment of modern urbanized residential district and constructing harmonious society.