Font Size: a A A

Modern Condominium Ownership Structure

Posted on:2006-09-24Degree:MasterType:Thesis
Country:ChinaCandidate:S W YanFull Text:PDF
GTID:2206360155959213Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In modern society, industry and commerce development promotes our economy to flourish continuously. Population increase in urban city is challenging the residential construction, which becomes more and more a social problem. More demand for comfortable living space means more requirement for commercial land.In the circumstances, more and more skyscrapers have been build. Several people have to share the same building. The phenomenon is called condominium. The makeup of condominium is very important to condominium system. In this article, the author tries to make a detailed study of this problem and presents some constructive suggestion.For the first part of this article, the author begins with the history of condominium. And considers present legal situation in western countries. Condominium developed from Ancient Egypt and Greek dated 2000 BC. It was written into law until the mid of the 19th century. The condominium system developed fast during the 20th century. The author also tells about the acts of condominium in some countries of the world shortly.The second part of this passage mainly deals with some concept of condominium, and the author makes some comparison with regard to condominium. Among so many theories relating to this problem, the author agrees with the dualism theory, combined with the right to the use of land, without sciletisconstruction. Condominium is a single right, not some individual rights to form one. Thereby, the system of ownership in common will be divided into four varieties. It is a kind of right shared by different people. According to the author, condominium is a kind of composite joint ownership.The third part of this passage mainly deals with the character, scope and object of exclusive right, one of the two essential elements of condominium. And the author also dissertates the scope of unit, the rights and obligations of the owners in common. For some reason, the exclusive right is not the airship. The author pays great attention to the ownership and management of garage and put forward some proposition. Andrelations among neighbors of condominium, which is classified two, should be differently treated.The forth part of this passage is about the joint ownership. The author' s concern in this part is the character of joint ownership , which is regarded as common ownership. In the author's opinion, common elements are prescripted in law and can not be divided literally. Common elements are subject to the unit. The author also discusses the classification of common elements, and its relating problem in this part. Some part of common elements, through some methods, can be exclusively used by certain owners in common.In the fifth part of this passage, the author talk more about the management of construction, including the management organization, the rule and content of management. This kind of management organization should include co-ownership conference, and its committee. The management agreement is the supreme criterion among all the owners in common. The author discusses the way that the management agreement should be signed and put up his owner suggestion.Conclusion is a summary on the whole view of the article and prospects a good future.
Keywords/Search Tags:Condominium
PDF Full Text Request
Related items