Co-ownership Of The Condominium Ownership

As China's economic development and urbanization process accelerated, more and more people purchase commercial houses in the cities, high-rise buildings going up, residential quarters continue to emerge, the distinction between ownership of the building is also an increasing number of legal disputes . The distinction between the issue of ownership in the building the most complex, most likely caused by the dispute was undoubtedly one of the co-ownership. Property Law for the first time in the form of national law, A chapter of the Building Ownership carried out the provisions of the promulgation of the Property Law, in order to adjust the relationship between identity ownership of the building provide a legal basis, is a milestone in the construction of China's civil law, should be affirmed; However, existing laws and regulations do not provide a sufficient legal basis for it is necessary to distinguish between the building through the PRC has the right of ownership, awareness of the rights entitled to the nature of clearance of the right of the right border, so that people were entitled to exercise this right, so that The real distinction of ownership to obtain a satisfactory state.This paper is divided into four chapters.The first chapter is the distinction between ownership of the building have the right to an overview of. Comprises two parts. The first part is the building of the right to distinguish between the concepts of ownership and identity. The second part is the building of the right to distinguish between the nature of ownership, in the analysis and comparison of academics on the nature of the right to a different theory, based on the ideas I put forward.Chapter II is a distinction between ownership of the building have the right to object. This chapter begins by describing the concept of a total of some, and then analyzed a total of some countries to define the scope of the method, based on analysis of China's total ownership of the building have the right to distinguish between the object of the scope of practice of the last of the frequent correction copies of the special parts, such as parking spaces , the right to ownership of the garage, as well as the rights of ownership of residential green space focus of analysis carried out in order to resolve related disputes put forward the scientific program.Chapter III is a distinction between ownership of the building the right content and accountability. Consists of three parts. The first part is a total ownership of the building have the right to distinguish between the rights of persons, that is a total part of the right to use the proceeds of the right and simple repair of the right improvements. The second part is a total ownership of the building have the right to distinguish between the obligation, that is, the sharing of common costs and the burden of obligations and in accordance with a total of some of their original function of the use of a total of some obligations. The last part is the distinction between the right of the building who were entitled to legal liability, in analyzing the right of our country on the total liability of the general provision, the proposed learn from other countries should end the provisions of the similar "non-payment of property management fee" under the law accountability, increase the "debt" in this way in order to ensure the right to the performance of a total liquidation costs and burden-sharing obligations.Chapter IV is a distinction between ownership of the building have the right to exercise. This chapter first discussed the distinction between ownership of the building is entitled to exercise the principle of distinction between the building and then ownership of the right people the right to use a total of some to be addressed separately in the analysis of the total power after the general exercise, focusing on analysis of the distinction between all building material part of the exclusive right to use a total of study can set the shared part of the exclusive right to the exclusive right to set the scope and other issues.