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On The Relationship Between Total Real Estate

Posted on:2009-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:H Y WangFull Text:PDF
GTID:2206360272489400Subject:Law
Abstract/Summary:PDF Full Text Request
In civil law, chattel and real property are the fundamental classification of property. Real property outweighs chattel in terms of value and function, and the former is more important to the related parties and to the society as well. Hence, people are more discreet in establishing, alternating and annihilating real property rights. Real properties are often owned by husband and wife, or family members, or partners. It is difficult in handling disputes in association with the joint ownership of real property, especially those located in cities. Therefore, it is very important to correctly distinguish different types of real property and the rights and duties of co-owners thereof.Joint ownership is an important concept in the Property Law, because first, joint ownership solves the question to whom the real property belongs. Joint ownership is a special form of ownership, and joint ownership of real property is the most difficult part of ownership. Since the rights and obligations of the internal and external relation of joint ownership are different, the emphasis of its protection is necessary. In conclusion, because the types and forms of joint ownership are various, it needs more detailed laws to regulate, especially for the joint ownership of real property. The improper handling of complicated joint ownership would result in the damage of each proprietary's legal rights.Both chattel and real property can be owned in entirety or in common. For real properties, partners are often tenancy in common, while husband and wife are tenancy in entirety (The property owned by couple is called community property). It is worth mentioning that joint ownership of real property needs official registration, while chattel doesn't. In the real world, jointly-owned real property easily gives rise to disputes, because real property is immovable and also hard to separate. It is not like chattels, most of which are easy to take away. For chattels, basically it is who possesses it, who has the ownership. The writer thought it is not meaningful to discuss in detail about joint ownership of chattel. While further study of joint ownership of real property needs to be done and detailed laws are required. This thesis talks about tenancy in entirety and tenancy in common, which are not limited to real property, but the examples used are all real property. The last chapter of this thesis talks about joint ownership of condominium. It is a special form of joint ownership in real property, which is often seen in city development.The first chapter of this thesis talks about the concept of real property and joint ownership. Analyse the characteristics of the real property and joint ownership. Classy the ioint ownership. Analyse the total difference between ownership, neighboriong rights, concessions. Chapter II, Chapter III, introduced the right to a total of the two most important categories—tenancy in common and tenancy in entirety. Analyse the concept and the characteristics of tenancy in common and tenancy in entirety. Explore the tipical cases. Chapter IV introduced the joint ownership of condominium. Focus on analysis of the joint ownership of the owners. Analysis the rights and obligations of the owners in joint ownership of condominium.
Keywords/Search Tags:Real Property, Tenancy in Common, Tenancy in Entirety, Community Property, Ownership Agreement, Joint Ownership of Condominium
PDF Full Text Request
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