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On Condominium Ownership Of The Exercise

Posted on:2008-11-29Degree:MasterType:Thesis
Country:ChinaCandidate:W W RongFull Text:PDF
GTID:2206360215492756Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Nowadays the buildings are always owned by some owners, sothe conflicts come frequently. In order to solve these risingproblem, many countries enact relative laws. The legislationhave enacted the property law in which we establish thecondominiums is an important property right. But the system istoo general to solve the dispute effectively. So I do this paperhoping to give some suggestions both in theoretic and inpractice.Part one the author discusses three theories, and thinksthat all of three are reasonable. But the author also thinksthat we have another approach to understand the concept ofcondominiums that is the condominium has two hierarchicaldirectory structures, the root rights and the derivativerights.Part two the author discusses five theoretic to explain theexercise of the condominium, including in philosophyjurisprudence, in jurisprudence, in law sociology, in laweconomics and in law ethnics.Part three we discuss five essential rule in exercise ofthe condominium, including reasonability rights rule, andmajority rulePart four we discuss three important relations in exerciseof condominium. The owner should do reasonably in exercisingand when they use their own property, they should not damagethe common right of other owners. At the same time, the buildingdevelopers and the manager corps should do their obligationslegislatively or according the contract.
Keywords/Search Tags:condominium, right structure, the root rights, the derivative rights, exercise of condominium
PDF Full Text Request
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