Condominium Ownership Of The System Of Legal Issues

Building differentiation ownership system is modern developed a kind of newtype of real property ownership system. It refers to the differentiation of all of abuilding, were part of the exclusive parts of the ownership ownership and membersof official and a combined with a real property ownership. In this paper, someproblems of building differentiation ownership has carried on the beneficialdiscussion. A contrastive analysis method, the theoretical viewpoint, redundancy andthe countries of the legislation survey, combined with the actual conditions of ourcountry, puts forward his own ideas and legislation in China should have choice.This article is divided into six parts which is different Angle is discussed in thispaper.The first part is about building the differentiation ownership in the paper.Introduction of the concept of differentiation ownership about building the theoryand the theory of analysis on the advantages and disadvantages. This part of theemphasis is on the comparative analysis shows that the our country about buildingdifferentiation ownership concept selection "three yuan theory" of the historicalbackground and reasons, and points out that the current "matter right law" is verydifficult to adjust the real life differentiation ownership of the shortcomings of thelegal relationship.The second part is about building differentiation ownership of the valueanalysis and other countries legislation survey. Through the value analysis method ofbuilding differentiation ownership law introduced value, economic value andsociology value, and briefly introduces the countries all over the world, Taiwan, anddomestic legislation survey about differentiation ownership.The third part is about the ownership of the proprietary. Through to theexclusive ownership concept, nature, object, content of introduction, clear ownershipand common ownership, the exclusive right of members of the relationship anddifference between, and the academic theory offers beneficial discussion. For thedefinition of the exclusive parts of the range, the author thinks that should considerto each area of the main body of the office building was structure security, andconsidering actual life for the wall of the beautiful and the life needs. Therefore, weshould distinguish the situation to treat, wall thickness for building bearing inconstruction design should be at the beginning of the special sizes regulation, clearfor wall in a few centimeters transformation within buildings would not endanger the main structure integrity, so as to determine the scope of exclusive rights iscomparatively appropriate wall. For the bearing is completely have exclusive rightswall, the district office exclusive free use someone.The fourth part is on common ownership of research. Through to the commonownership concept and scope, characteristics, nature, content of this paper. In ourcommon mode selection, the integral co-ownership of common benefit protection toowner and a common cost share more with the actual needs, but also has morepractical, and is not only beneficial to the common parts of the legal relationshipclearly the rights and obligations, and also accord with the actual conditions of ourcountry.The fifth part is about the right of members. For the owner committee in biggerdispute whether with independent legal person status, houses the lessee can becomethe owner? To determine the scope of the problem has carried on the beneficialdiscussion, and proposed personal point of view.The sixth part explore our country at present the building differentiationownership outstanding problem. To our country building differentiation ownershipdispute is more outstanding problems, with the related theory put forward thelegislative proposals.