Analysis Of A Typical Properties Infringment Case

The condominion ownership right, a significant real estate ownership among all countries civil laws in modern times, is an important innovation in property rights system. In contemporarily, our country is faced with developing three-dimensional urban housing construction. There are more and more high-rise buildings and, naturally, a growing number of increasingly complex relationships between rights and obligations as well as civil legal disputes occurred in the individual living in the same buildings. Therefore, in judicial practice, we should actively use the relevant theory on condominion ownership right in order to achieve the solution of specific disputes scientifically and reasonably.The body is divided for three chapters.The first chapter describes the specific case of the property infringement quoted by the article in detail and gives a brief assessment of the case. See: this case involved an important issue of contemporary property law, namely, the condominion ownership right. And the most exploratory place lies in the different legal application of the court and the upheld, that is the court applies to the adjacent relations of real estate, and the upheld, however, based on the condominion ownership right.The second chapter is the major part of this article. Based on the principle of the condominion ownership right, the author conducted the first and second instance decision of the case a theoretical analysis. Among them, the court's analysis includes the application of law and the identification of the relevant facts. Nevertheless, the author uses the relevant legal process and the logic of the assessment to expound the assessment of the upheld. On the basis of this comparative analysis, it can be drawn : Although the choice, which the court of first instance used the relationship between real estate adjacent as the legal basis, have a certain rationality, and the identification of the relevant facts comply with relevant laws and regulations. But, for the distinction of all the buildings, the theory of the condominion ownership right will protect the legitimate interests of the related person who owns rights. At the same time, the theory can make up the shortcomings of the relationship between the function of adjacent.The third chapter reflects the upheld from the way of jurisprudence, then have a better understanding that judges has significant effect on filling the loopholes of the law in the trial. At the same time, in a civil trial, citing the informal sources of law reasonably will help to solute disputes more impartially and scientifically.