The Ownership And Utilization Of The Roof Platform

The location of the roof platform is so special. The ownership and utilization of the roof platform involves the system that is the right of condominium ownership. But the lack in legislation makes it difficult to settles the dispute. The legislation is so imperfect that appears the conflicts of interests between the estate administration of the residential area, user of the roof platform and the condominium owners in the reality. The way to use the roof platform is more and more diverse at present. How to coordinate the interests of all parties? How to more fully use the roof platform? Solving these problems, it is necessary to explore the ownership of rights and the utilization about the platform on the roof.In addition to the introduction and conclusion, this article includes five parts:The first part is the status of ownership on the roof platform. Firstly, the roof platform excludes the general terrace and balcony. Second, the legislation of the roof platform is imperfect in civil law. The definition and boundary of the roof platform isn't exactly. It is more difficulty to interpretate and also lacks the feasibility in practice. Finally, I use the foreign-related legislation for reference to clearly define the ownership and utilization of the roof platform.The second part is the theoretical analysis about the ownership of the roof platform. Roof platform doesn't belong to the object of the exclusive ownership of condominium. Namely, according to the theoretical of the ownership-divided building, the roof platform is the object of the joint ownership of condominiums. The nature of it is joint ownership, but not several ownership or other theories. Then, several specific rules about how to use the joint ownership are summarized.The third part is the exclusive use right of the roof platform. The exclusive use right should be setting on the roof platform. It's nature "Eclectic Theory". How to set the exclusive use right on the roof platform? According to three methods this part discuss that management statute, joint ownership theory and contract.The forth part deal with fore conflict in the course of using the roof platform. This part firstly analyzes disputes among the developer of real estate, the estate administration of the residential area and the households of the resident area, in the meanwhile, raise the countermeasure. In this part of the research has practical significance.The last part is research of specific issues during using the roof platform. On the basis of the previously introduced theories and combined with specific situation, this part makes legal analysis on the settlement of the practical disputes on the title and use of the roof platform.