Condominium Members' Rights In The Ownership Of The Study

Buildings distinguished ownership is a new-type real estate ownership system developed in modern and contemporary societies. It is a real estate ownership combining exclusive ownership, common ownership and member ownership which distingush all buildings. In this paper, the member ownership in buildings distinguished ownership is discussed, by the method of comparative analysis, historic study and evidence analysis, the relevant theoretic views and the legislation stipulation of different countries are studied, and in combination with the actual circumstances of our country, the author's own views and the choice due for the legislation are put forward.Except the foreword and conclusion, this paper consists of 5 parts, which discuss separately different issues from different angles.Part 1 is a brief account of the member ownership in buildings distinguished ownership, which states that the member ownership is derivatively developed with the historic development of buildings distinguished ownership and also introduces the concept, characteristics, legal nature and real meaning of the member ownership. This part is focused on the analysis of"two-dimensional theory"and"three-dimensional theory"that a great majority of scholars adopt , and it points out that the member ownership is one of the three ownerships included in buildings distinguished ownership and so advocates the adoption of"three-dimensional theory", that is, buildings distinguished ownership includes 3 important elements: exclusive ownership, common ownership and member ownership. This part also states that the member ownership is a material ownership and an independent right under material ownership and also states the real meaning of the member ownership.Part 2 discusses the member ownership of ownership distinguished buildings with respect to relevant subjects such as state, company, etc., and holds that in the case that the state requisions ownership distinguished buildings based on the public interests, a company or other collective economic organizations invest ownership distinguished buildings for shares for the reason of citizens, and ownership distinguished building have added floors or expansions, the members should enjoy the member ownership. A necessary analysis and discussion is conducted in this respect in this part.Part 3 discusses the member ownership of common distinguished ownership, and it holds that, in the case of ownership reservation and ownership common to the public and the individual in distinguishing ownership of buildings, member ownership should be rationally given to the buyer and the individual respectively.Part 4 discusses the member ownership of garage and car parking position, and it briefly analyses the inadequate stipulation of"the law of material ownership"of our country concerning the garage and the car parking position, states that garage and car parking position enjoy separate ownership and concludes by analysis that the garage enjoys exclusive ownership, but the car parking position doesn't. this part also classifies and summarizes the ownership enjoyed by the owners of garages and infers that the garages to ownership distinguished buildings can obtain the member ownership qualification due to obtaining exclusive ownership.Part 5 discusses the member ownership of renters, and it holds that the renter cannot obtain the ownership because he obtains the right to use only due to his renting act, so he cannot obtain the member ownership qualification.The conclusion of the paper summarizes the basic viewpoints and practical meanings of the paper.