On The Ownership And Right Of Ownership Of Buildings

Co-ownership, as the core content of condominium ownership, is under the regulation of Chinese Property Law. However, the rule that "owners’needs are priority" in our Property Law seems too general and be lack of operability. With the development of our modern society and the serious phenomenon of urban agglomeration, disputes about the co-ownership ofthe building owners emerge in an endless stream, especially about types of violations of the co-ownership. As related regulations are not perfect and related academic researches started later than other countries, there are some problems according to the ownership of the buildings’common part and the protection of the owners’ co-ownerships.In the face of this situation, it is of great theoretical and practical significance to clarify the theoretical basis of the co-ownership, and to determine the ownership of the buildings’common part.This thesis starts from the definition of the concept and legal nature of the co-ownership, analyzingamounts of relevant researches to determine the ownership of the buildings’ common part and to discussthose special parts.On the basis of these analyses, I analyze the contents, types and protections of the co-ownership of the condominium ownership. The thesis, excepting the last epilogue, is divided into four chapters:In the first chapter I define the buildings’common partsof condominium ownership. On the basis of analyzing the condominium ownership, combining with the Property Law’s relevant rules, I give a exact concept of the condominium ownership, and then discuss the specific form of the common part. Based on the "three elements theory", this paper puts forward the distinction standards between the buildings’ proprietary part and the common part.The second chapter is of specific contents of the buildings’common parts for inspection. Focusing on the ownership of parking spaces, garages, green roof terraces, and combing the existing Property Lawwith domestic related theories, I analyze the ownership of common parts mentioned above and thecontroversy we will face with.In the third chapter, On the basis of the analysis of the Property Law, I put forward that firstly, the co-ownership contentsthe right to use, the right to return, the right to reconstruction and right of real claimand in the process of the analysis I compare the right of real claim of the co-ownership and the common sense of the right of the real claim;Secondly, the owners should adhere to certain principles while they exercise related rights; Finally, according to three examples that exist in our real life, analyze the behavior type of the co-ownership infringement on the standard of tort subject types.In the fourth chapter, which mainly based on the analysis of the owners’ weaknesses, I put forward some ideas and suggestions to protect those owners’rights, and highlight the importance of real right to register and the role of Owners Assembly. And I analyze the deficienciesof relevant regulations in our Property Law. At last, I suggestthat we need to establish a multi-coordinated communication mechanismof owners, the National People’s Congress, property management companies,real estate developers, government departments.