Condominium All Of The Co-ownership Study

Along with the economical development and the commodity apartment massive appearances, the discrimination all constructions form already became the mode of solving the cities housing fundamental. As an item of important real estate law system, building discrimination property rights starts to slave society city starting, from 19th century early years to the 20th century 60's, already generally for German, French, Japanese, Italian, American, Singapore and the our country Hong Kong civil legislation determined, and therefore becomes an important system in various countries and a local legal system. Among "altogether uses partially is the all cores question in building discrimination", and in the civil life, the most disputes nearly all are because that the altogether part has the partial rights and duty division not clear causes. Our country not yet establishes the building discrimination propertyrights system, so involves building discrimination all advance laws and regulations only has "General provisions of the civil law", "City Differently Produces Abutting building Management Stipulation" by the building department, "Public Housing Post-sale Service Maintains Management Temporary provisions", "City Newly built Residentialdistrict Policing method". Therefore this article from the limits building discrimination property rights and rights of common obtains; use for reference the mainland legal system and English America legal system each main country, like French, Japanese, Italian, Austrian, German, American, our country Hong Kong and Taiwan about building discrimination property rights fundamental law; clear-cut the building discrimination the status of common rights and summary its' scope and content, in order to discovers the flaw in common rights about the building discrimination in our country, and provides the legislation reference. The full text divides into four parts, and has conducted the analysis research to common rights of property rights in the building discrimination.First part is the outline about building discrimination property rights and common rights. This part has first carried on the limits on the various countries to the building discrimination property rights name and pointed out our country take adopts the building discrimination property rights nameas to be best. Afterwards, the article has comparative studies the various theories about the building discrimination property rights concept, and adopt the "third regardless of said" in various theories, from analysis comparison obtains its concept: The building discrimination property rights are an organic inseparable whole which by exclusive rights, common rights and the member power constitutes. Following closely this part has drawn out the concept about the common rights of the building discrimination property rights, this has made a clear distinctionthe demarcation line for the building discrimination property rights and common rights, through to its nature limits, is clear about the common rights of the building discrimination property rights which this article discusses to be different in the general civil law significance according to the shareal together has with altogether has together. The building discrimination property rights person is cannot not be impossible like to altogether have person such according to the share alone to request the division to altogether have partially, let alone transfers; the building discrimination property rights person is cannot not be impossible like to altogether have the person such not to divide the share difference together to its building discrimination property rights to enjoy rights or privileges together and to undertake the duty. And, the article has attached through the common rights of building discrimination property rights legal status with inalienable, launched for the nextpart has provided the elementary theory premise.Second part is about the object and content in common rights of the building property rights. In this part, the author of the space which attach by the common rights of building discrimination property rights are the foundations, divides into the common rights object three kinds: (1) the objects with building identical unit common rights; (2) the objects with building commom rights; (3) the objects in plot scope building common rights. Followed closely the part, it to carry on the classification in the foundation which the building common rights of discrimination property rights object determined: 1,rights: (1) Completely all and partial common rights; (2) Legal and agreement common rights. Afterwards the author elaborated the building common rights of the discrimination property rights content, namely the building common rights person's rights and duty: (1) To altogether has use the part; (2) To altogether has usufruct of the part; (3) To altogether has the partial disposition right the particularity; (4)To altogether has repair of improvement the part. 2, dutys: (1) Maintenance duty present situation; (2) According to will altogether have the partial future use use to altogether have the partial duties; (3) Pays for duty.The third part is the existence several questions in our country building common rights of discrimination property rights system. This part analysis our country at present in kind present situation, simultaneously unifies to the mainland legal system and the English America legal system main country, like France, Japan, Italy, Austria, Germany, US, Hong Kong and Taiwan about building discrimination property rights basic legislation, Through the contrasts of the legislation situation in our country correlation system and the regulations about the building common rights in our country soon considers the draft of property law, the disputes about rights ownership question which is easy to have special partial in the judicial practice were pointed out, for example: The flat roof, the plot green, in front of the window green, stop the berth and the underground parking garage power.The fourth part is the partial legislations suggestion related to the building discrimination property rights system. Third part of analysis related legislation flaw is the foundation of the part, and unifies the draft of property law of our country, to put forward the legislation proposal about the questions: the roof; the platform, the plot green, in front of the window green, stopped the berth and the underground parking garage ownership. These suggestions to solves the high-rise construction dispute which increases day by day, straightens out the legal relationship, practically protects the discrimination property rights person's benefit, the perfect socialism government by law constructs with the harmonious society has the certain practical significance.This article regret is, after this paper creation completes, our country "Reality of laws Draft" already considered through and appears, because submitted the oral defense the time to be tight, this article narrated and commented not with enough time.