Residential Property The Right To Study

Along with the acceleration of urbanization, the relationships between people and land become more and more tense, the emergence of residential property will help alleviate the tensions. Being different from our traditional residential form such like flat house, the communities are usually owned by many respective people, in which the common ownership part includes many things. Since the public part is not as clear as the exclusive part, the interests' relations involved are extensive too. And the owners' relationships are complex too, while the owners' relationships are also complex. Thus the residential disputes often occurred. This article will be based on redefining the building nature of co-ownership of the communities' real property, ensuring the collective co-ownership of the communities' real property, and revealing the social democratic inspirits in the collective co-ownership of the communities' real property on the basis of making confirming nature of the collective co-ownership of the communities' real property, the theory of the collective co-ownership and social democratic inspirits are used in these material systems such as the production, the main body, the organization of the collective co-ownership and the relief of infringing the collective co-ownership of the communities' real property. This article is mostly including three parts and puts much emphasis on the collective co-ownership of the communities' real property.In the first part, we select the term "the collective co-ownership of the communities' real property" instead of "the common rights of the building differentiation ownership" in our traditional legal system. Through analyzing the concept of the common rights of the building differentiation ownership by many authors in Japan, Taiwan in china and civil systematic countries, we could notice the concept of the common rights of the building differentiation ownership is on the basis of the existence of single building, but there are two or more buildings in the communities. These consist of the contents of authors' concepts and contents of the common rights of the building differentiation ownership existing in the community, which are more than that in single building. Thus the appellation "the collective co-ownership of the communities' real property" is selected by using our traditional lingual custom and social practice for reference. The term "community" makes know the special bound of collective co-ownership, rather than being defined in single-crop building; the "real property" indicates many purposes in collective co-ownership such as living and other uses. The "co-ownership" shows the nature of right.In the second part, the author discusses and evaluates these actual theories about the definition of nature of the collective co-ownership of the communities, and nature of the collective co-ownership of the communities would be determined by collective co-ownership. These theories have many defects to some certain degree. These restrictions in the theory of aggregate rights have conflicted with the aim of the instauration of property rights and the modern social value of individualism. The theory has been abandoned by modern society. In the traditional theory, the things could be divided according to three modes (partition, price evaluation, appropriate compensation) in the theories of joint ownership and part ownership in the traditional theory, so things could be divided. Divided will be the result in these theories. But the definition falls short of the definition of the collective co-ownership of the communities, the collective co-ownership has characters differing from the two theories. The author thinks that the definition of the collective co-ownership of the communities has close relation to the common rights in traditional system. The common rights in traditional system have many defects and should be re-established. The nature of the collective co-ownership of the communities' real property is defined and the social democratic spirits in the system of the collective co-ownership of the communities' real property are researched. There is new co-ownership form added, so the collective co-ownership of the communities' real property is defined as the collective co-ownership on the basis of the traditional theories. And this part includes the consistent between the collective co-ownership of the communities' real property and the collective co-ownership in rights of equality, and completion, free and open nature, object indivisibility and democratic of exercising right.In the third part, the theory of the collective co-ownership and social democratic spirits are used in these material systems such as the production, the main body, the organization of the collective co-ownership and the relief of infringing the collective co-ownership of the communities' real property. When owners achieve the exclusive ownership rights, they would become the members of community and the right holders of the collective co-ownership, owners must exercise the collective co-ownership of the communities' real property by the autonomous organization which is be composed of all owners because there is more than one owner. The owners' conference is the power institution of this organization and the owner committee is the executive institution of this organization. These institutions are preformed by social democratic spirits and abided by three principles. The one principle is majority rule, when owners exercise these collective co-ownerships ruled by the most priority to the less. The other one is minority rule. There is likelihood to infringe rights of the minority people when owners exercise these collective co-ownership rights ruled by the first principle. So the minority people are endowed with the relief rights for justice. The third is procedure rule. Owners exercise these collective co-ownerships ruled by formality, otherwise owners would be punished. When owners' rights are infringed, in particular several owners' rights are infringed by decisions of the autonomous organization; the relief must be endowed by these people for essential justice. The established harmonious and balanced communities will be achieved by building these systems of the collective co-ownership of the communities' real property.