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Distinguish All Buildings Partially Defined

Posted on:2013-02-02Degree:MasterType:Thesis
Country:ChinaCandidate:C RenFull Text:PDF
GTID:2216330374958074Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The condominium building was considered as a dispute residential since the date of its formation, which is caused by the existence of the common parts. On one hand, the function of common parts is the bond of connecting all of the proprietary parts, which makes the condominium ownership turn into a whole which consists of the element of the material law and the element of personal law. However,on the other hand, a large number of disputes are produced by the common parts. Accordingly, making research on the background of the property law is necessary, especially on the definition of the common parts which is the basic and prerequisite problem. On the basis of analyzing the basic theory related to the condominium ownership and from the perspective of interpretation, the papers analyzes the legislative model of the "common parts", geographical scope of definition, principled standards and specifically identified issues, which expects to uncover the veil shrouded in the "common parts".Condominium becomes a sound legal system after World War II. Due to the limitations of existing social conditions, the condominium in our county is remaining the developing stage not only from the practical level but also from the construction aspects of the legal system and so there is need for strengthening. The composition of condominium ownership can be divided into different doctrine from the perspective of scholarly research. The papers puts forward the principled standards on the basis of regulation,comparative laws and scholarly research, believing the scope of the common part should be regulated by the way of combination of the excluding and presumption, citing and the geographical scope of definition of common pats should be extended to the whole zoned buildings. From the level of the "objects",the common parts can be defined positively from the from the angle of distinction of different types. From the level of "space",the common parts can be defined negatively from the angle of excluding the "exclusive space" and the way of definition of "exclusive space" should adopt the method of combination of "heart wall" and "external walls of the center line". In addition, the article explain whether the specific "objects" belongs to the common parts from the perspective of interpretation. The right of using base belongs to the whole owners,which should similarly apply the relevant provisions of the total system in property law and the right of using base is not the object of co-ownership in the condominium system.The outer wall of the building should be included in the scope of the common parts not only from the angle of independence of the "objects" but also from the perspective of economic efficiency. Civil air defense projects and facilities in the initial state should be owned by the constructor first.The whole owners can acquire the ownership by through sale, barter and gift, etc, and then classify them into the scope of common pats.
Keywords/Search Tags:condominium ownership, proprietary parts, commonparts
PDF Full Text Request
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