The Idea Of ​​new Housing Livestock Property Rights System

The policy of reformation and opening has brought about a rapid development Of the real estate, and established the condominium in China. Because the system started late and it was relatively strange to the mass, relevant disputes occurs frequently in recent years. the system of condominium has its own defect: First. the exclusive right, which inconsistent with the concept of ownership in the civil law, restricted by other exclusive rights and usufruct of land, has the characteristics of ownership and usufruct concurrently, but more similar to usufruct; Second, the condominium takes building as its object, so does the real right law (the draft) of our country. But the modern residential property, different from it was before, always takes housing district as it's elementary unit, and housing district is far more complicated than the simple building, so the condominium does not meet reality's needs; Third, the condominium seldom mentions usufruct of land occupied by housing district and this always bring about disputes about the land usage between the owners and developers of housing district. Fourth, the ownership of the right of common is void in fact. Fifth, " three-elements- theory ", which was adopted by the real property law of our county, have already become the major theory of academia. But in fact , the membership-right can not be mentioned in a same breath as exclusive right and right of common, because the former is the latter's derivative.In order to define the rights and obligations of the owners, prevent developer's infringement to owner's interests, prevent and reduce the dispute, the article plans to conceive a new kind of residential property system on the basis of forefathers' experience. The system has contents of three respects: first, the owners have the whole residential property in common; second, the owners use their particular parts permanently and exclusively; third, they use other parts together multi-levelly, including vicinage-commonage, unit-commonage, builing-commonage and whole-commonage, undertake the obligation to manage, repair and safeguard together. Therefore, a property owner has a right of three levels: the share of right of common, the exclusive usufruct, the multi-level commonage. Compared with the condominium system, the range of ownership and exclusive usufruct is clearer and easyer to be fixed. The commonage turns from single level into four levels, the right is more detailed,...