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Condominium Ownership Structure

Posted on:2005-01-19Degree:MasterType:Thesis
Country:ChinaCandidate:Q J MaFull Text:PDF
GTID:2206360152455072Subject:Law
Abstract/Summary:PDF Full Text Request
As a basic form of real estate ownership,shared ownership ofbuildings is composed of three elements,monopoly right,sharing right and membership right,and thus is a composite right.When the sharedownership of buildings is analyzed,monopoly,sharing and membershiprights can't be separated but be taken as a whole,in which monopoly right is primary,sharing right is supplementary while membership right is fro identifying.Monopoly right is the singleness soul of shared ownership of buildings while sharing right is the commonness soul,and the two factors constitute the pivot of shared ownership of buildings.The obj ect of monopoly right is the exclusive portion and that of sharing right is the common portion,and they are united with regard to physical performance and unseparated with regard to economic utility,with which each shared owner obtains monopoly right,as well as sharing right and membership right.Monopoly right is a property of space,and thus its range varies according to the interior and e~/terior relationship.The exclusive portion is independent,and should be applied according to its original purpose;'the common portion is not independent or exclusive,but parking lot is essentially for exclusive use and has its exclusiveness to some extent.The availability of base is shared by all owners,and thus has the same integration as shared ownership of buildings.Membership right is born based on common relationship,and in order to protect their commoninterests,membership owners organize a management team whosemanagement stipulations have the maximum utility and the highestautonomous criterion quality.Monopoly and common rights can effectivelysolve the belonging of shared property,while membership right can facilitate the management of wealth and transactions.Shared ownership of buildings,in which the property law and personal law are integrated Logether,therefore,is an organic body.
Keywords/Search Tags:Condominium
PDF Full Text Request
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