On Condominium Ownership

Since the reform and opening, the cities of our country are developing in surprising speed, it also arises the increase of city population, crisis of residential buildings deficiency, the three-dimentionalization of buildings becomes important ways to solve the crisis. At the same time, with progressive deepening of residential buildings commercialized system reform, in order to provide legal basis for correctly handling and effectively regulating various benefits relations in our country socialist economy system reform, establishing and completing buildings classification ownership system becomes urgently-settled problems in theory and practice.The thesis systematically expounds the theory of buildings classification ownership system, elaborates its generation and development, concept and feature, maincontent and great significance as an important legal system. On basis of using the corresponding experience of other countries for reference, analyzes present situation and main problems of our country establishing buildings classification property right system, raises assumes and proposals of choosing legislative modules and building up legal system. ? this dissertation consists of introduction and other five parts including 34, 883 words, the author makes a simple introduction of social background of division ownership of building.The first section presents the developing process about the division ownership of building by way of two phases- the first is germination and development, and the second is growth and completion. As for the first phase, the earliest state and the social factors which led to the gradual development are discussed from the aspect of the human being's houses historically and naturally evolving process. The section briefly introduces division ownership ofbuildingby the following two aspect--definition, characteristicsand the important of stabling the differentiation system ofarchitectural ownership.The second section deliberates on the content of the ownership,discussing the two rights, which have made up the ownership,--special ownership, common ownership, analyzed the object, content legal liability. The third section analyzes the administrative system concerned with the division of all the buildings. Thefollowing problems are discussed--how to administer the buildings,bow to form an administrative organization, how to lay clown some regulations, and the content and ways to manage.The forth section is composition of differentation of arachitectural ownership and jural relations, including exclusive right ,co-ownership ,exclusive right of use and right to use the land, besides the scope of subjects and objects of these four kinds of rights, since the legal protection is necessary for every legal system, the author brings forth two kinds of protections: the establishment of legal liability for breach of statutory obligation and principles to use the right of differentiation of ownership.The fifth section presents the legislation on this ownership in china,and brings several personal suggestions to establish and perfect the differentation system of architectural ownership.Conclusion is a summary on the whole view of the hypothesis.