Condominium Owner Of The Rights And Obligations

The building has distinguished ownership and has already a new civil right paid attention to by countries all over the world been, become a focus in civil legal research. However, our country has no systematic building to distinguish the ownership system yet at present, happening about the dispute of distinguishing ownership of the building constantly in actual life. To the building what rights should enjoy to distinguish owners and what obligations are undertaken, people still feel puzzled. In order to define the building distinguishes the owner's every rights and obligations, this text has been described in detail through four parts.In part one, this text analysis the property of distinguishing ownership of the building correctly, and point out building distinguish rights and obligations of owner include building distinguish owner to exclusive rights and obligations of part, to having common rights and obligations and member's right in all. This text thinks it is not a kind of simple real estate ownership that the building distinguishes ownership, but the civil right of a new compounding type.In part two, this text has carried on the detailed argumentation to the exclusive right. In order to confirm the building distinguishes ownership as people's right and obligation of the exclusive right, must confirm the range of the exclusive part at first. However, define the range of the exclusive part, the educational circles still have very great difference , have " centre theory " , " space theory "," top layer theory " with " wall heart and whitewash top layer theory finally" four kinds of views" finally mainly. This text summarizes the pluses and minuses of different theories, the knowledge of combining the structure of the building and studying, regard having " exclusiveness used the standard functionally " as , has put forward the new view of determination of exclusive range, should think exclusive some range internal relation and external relation at the same time according to special-purpose wall and public wall part but theory, inside distinguishing owner at the relation, exclusive some range share for public wall, floor , ceiling ,etc. end of component whitewash layer and special-purpose wall outside; In distinguishing all external relations of people, some exclusive ranges are the public wall , floor , centre line of the ceiling and special-purpose wall outside. This text...