Residential District Building Facilities Ownership Research

As the development of real estate, most resident community are no more just consisted by several buildings, but also affiliating facilities such as gardens, property building, and leisure room etc. but the current Chinese law does not clarify the property rights of those affiliating facilities, which leads to controversial legal reason for courts to base on and decide who, the developers or the residential property owners, are the owner of those facilities, similar cases with different judgments happen from time to time.In this article, I will start with the example of a property right case between Shanghai Haihong real estate company Ltd and residents committee of north Guanghuayuan community in shanghai Xuhui dictrict (property case one). Then I will analyze similar cases and make some suggestion of rules and standard of the owners of affiliating facilities and how courts should deal with such cases under current legal system by combining judicial practice and legal theory.The article can be divided into four parts after introducing the background and aim:First part is about the property case one and the question it leaves to us. This is a very typical property right case which has gone through the first, second the final trial. The three results of case are the same, but reasons are different, I try to analyze the three different judgements to find out the unwritten rules.The second part is about the theory of property right. The theory has three parts: a) brief introduction of"ternary theory"which is the basic theory of the article b) explicit introduction of Chinese property rights under current law and several controversial questions. C) the most important problem: the property right of the developers.The third part is suggestion on rules and standards of owners of affiliating facilities in residential community. I will combined with the property case one, and my own ideas to get the conclusion that there should be five standards to judge who shall be the owner: law and rules; the function of the facilities; registration; the cost of the facilities and contract. When come to the hierarchy of the five standards, (I divide the law and rules part into law, regulations and local rules,), it should be law, registration, regulations, contract, local rules, cost burden and then the function.The fourth part is the practice of suggestion of part three. I will prove my suggestion can be effective by inciting other similar property cases happened home and abroad.This part mainly includes the judgment standard and criterion applicable rules apply, with" opens with a case and Zhang Yi Fang Qiuping, to eliminate the nuisance tort lawsuit of roof."" Luo Lai Yuen Guangzhou students with real estate development company limited on the transfer of the right to use the dispute of the", discusses the judgment standard and criterion applicable rules can be perfect applicable to ascertain the building exterior wall, roof and platform, property use, parking spaces ( Library ), sports entertainment facilities in residential areas prone to disputes all buildings belonging to, so that the area of a building facility ownership attribution judgement standards and has practical significance.I hope my article can be more or less helpful to the judicial practice in Chinese courts and I welcome all kinds of question and criticism to make my article better.