The Division And Management Of The Common Parts

This dissertation aims to provide some measures to decrease disputes in city residential districts. By reviewing our judicial practices and some foreign legislation,this paper consists of two parts.The first part relates the compartmentalization between rights of owners and that of real estate developers,trying to find the reasonable boundary between these two.The paper suggests departing the common parts in the districts to statutory part and consultative part.Then,the paper proves that weak management is the crucial cause to a mass of such disputes,so the following part mainly discusses measures to enhance the management function of the owners' self-ruling organizations.To solve the matter,the paper provides that the basic,most pressing task nowadays is to endow such organizations with status of legal subjects,both substantially and procedurally as soon as possible.A legal saying is that,the goal of "Right" is to implement,and its being lies on implementation even more.Only when the owners' self-ruling organizations functions well in the management of the city residential districts,are the disputes virtually to be decreased.So in order to effectively decrease the legal disputes in residential districts,we should at least take two steps. First to identify the boundaries of each others rights(owners and real estate developers),and then fundamentally to strengthen the owners' management of the residential districts.