Condominium Legal System

This article expoimds the legal system of ownership of apartment house and proposes that the appearance of it is mainly to conform to the development and needs of the times. In the course of Chinese urban construction, as a result of land resources in pressing demand, apartment house are constantly emerging, therefore the study on complicated law system pertaining to apartment house is becoming indispensable. Starting with introduction of implication of ownership of apartment, by comparing "monism", "dualism" with "trism", the latter is in favor, which means that ownership of apartment house contains ownership for special section, right of taking disciplinary action on common section and right of membership. Meanwhile, having regard to legal tradition in real law field, legal systems on ownership of apartment house in Germany, Japan and Taiwan province of China under continental law regime are compared and analyzed. The particularity, for example, the discrimination between corn-ownership of apartment house and traditional coownership system, the discrimination between neighborhood-ownership of apartment house and the system on traditional adjacent re-lation, is studied emphatically. Finally, the preliminary advice on construction of a comprehensive system of ownership of apartment house in mainland is raised, that is, a systematic and complete law to adjust system of ownership of apartment house in special law pattern, in the light of the current legal system upon land and building of our mainland, and experience accumulated on management system of apartment house, forinstance, property management system, shall be conceived.