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On Our Condominium Ownership Rights System

Posted on:2011-09-09Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2206330338456268Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In recent years, with the real estate industry continues to heat up, the hot real estate, living relationship between people, great changes have taken place. Units with a planned economy, "compound" gradually disappeared from view, replaced by a commodity economy, strong taste of the "community." Of the owners, developers, property managers and owners of land between the right to put on more and more disputes in the event, people in the "cell" within the rights and obligations become more complex and entangled. Thus, both legislators, judiciary, academics, or other non-residents in the legal profession, there are more and more people are concerned about the legal system of condominium ownership, and trying to get get useful answers on their own. China's "Property Law" was implemented in 2007, which the owners of the sixth chapter of the provisions of condominium ownership, condominium ownership, but the theoretical system of the legal system has not been fully finalized, many issues are still a matter of opinion no agreement. In this context, this perspective is also to invest in condominium ownership to the legal system, the system through the theoretical system of sorting out and analysis of relevant research in order to be useful.The first part of this paper outlines the concept of condominium ownership, meaning and nature of the review of condominium ownership in the history of evolution is the Summary section of this article. In this part, the author systematically analyzes the dollar, saying, binary discourse, the new unitary discourse and ternary discourse theory is desirable that the ternary, and further noted that the study of the positive significance of the legal system. In the second part of the exclusive rights to the concept, nature, characteristics and by the special restrictions that the exclusive rights of ownership in a condominium the right of the origin, is the co-ownership and the right to have members of the foundation. Based on the close relationship between all distinction, subject to many exclusive special restrictions. The third part of this article analyzes the meaning of the concept of co-ownership, legal attributes, scope and object of the exercise of the restrictions, and that the building should be based on the difference between the different joint tenancy or by shares. This paper describes the members in the last part right, that the members of the right, while having the characteristics of personal law, in essence, they are right, and further analysis of its shareholder rights and the similarities and differences between. Also analyzes the voting rights of members of the legislative power in the situation and make recommendations. Overall, the exclusive right of the right and the right together with members of condominium ownership constitutes a system of theoretical system Ownership of the three basic elements. This is the analysis of the key to condominium ownership. Only on this theoretical framework, the issue of the relevant legislative and judicial issues can be satisfactorily resolved gradually.
Keywords/Search Tags:Property, Distinguishable ownership, Exclusive ownership, Co-ownership, Membership right
PDF Full Text Request
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