Condominium Ownership Of The Members Of The Right To Study

Although a century has passed since the legal system of the building differentiation ownership come into being, the scholars of our nation has just spent about 20 years to pay attention to and make some research on it. For some disputes still exist, further investigating on it seems very necessary. This article choose the right of ownership to investigate which is the most active one in the legal system of the building differentiation ownership. We divided it into four parts to discuss:In the first part we resumptively discuss the legislations of several countries on the condominium of ownership, the notion of it and the scholars' opinions on it. Then we analyze the "one part", "two part" and "three part"theory and point out that the right of membership' important value in the building differentiation ownership. We finally choose the "three part "theory and the reason of our choice is also given.In the second part we discuss the meaning, character and content of the right of membership. We analyze the theory of the right or authority of the property and point out the reason and limitation of each. We bring about that the building differentiation of ownership is just like the conformation of the property of the artificial person. For the building is absolute and can not be divided, individual person can just claim the right of the building through exerting the right of membership, The opposition between the property of the individuals and the right of membership does not exist here. The right of membership is all the right which the owner of the building exert their right on the common part.In the third part we discuss the exertion of the right of membership which is well-knit with the reality. We point out that the management of the building should be standardized by the legal system of the building differentiation ownership and our country should choose the pattern of non-group management.In the fourth part we further discuss the legal status of the conference and committee of the building differentiation ownership, we contrast the legislation of foreign countries and our nation and point out the problems in our nation and the solving methods.