On The Membership Right Exercise Of The Distinguish Ownership Over Buildings

Because of the rapid economic development of the human society, thecontradiction between the population expansion and the limited land resources ismore and more prominent. The spatialization and three-dimensional of buildings isthe main way to solve this contradiction. So the emergence of distinguish ownershipover a building come out in cities. Distinguish ownership of building caused thewidespread attention of the society in the world wide. The distinguish ownershipover a building is a new type of property right. It consists three main aspects ofrights, named exclusive right, co-ownership right and membership right. For thelegislation on exercise of the membership right there are still many deficiencies inthe actual situation. So the author refers to the experience of other countries or otherareas of the world plans to discuss the membership right exercise of the distinguishownership over buildings on this article.This article is composed by four following chapters:The first chapter is an overview of the membership right of the distinguishownership over buildings. This chapter mainly talks about the conception and thelegal characteristics of membership right, researches the rights and obligations ofmembership right. This chapter also discusses the management statute system.The second chapter is the research on the membership right legal system of theforeign countries and Taiwan. This chapter mainly talks about the history of themembership right exercise of distinguish ownership over buildings. It also analysisthe situations about legislation of membership right in Germany, France, the UnitedStates and Taiwan. Administrative organ system as the power to promote themanagement group is also analysised in this chapter. The content of this chapter hasa positive significance to perfect the relative systems of China.The third chapter is the research on the membership right legal system of China.This chapter introduces how to define the subject of membership right exercise. This chapter has a systematic introduction on theoretical system and legislation situationabout autonomous organization of owners. Autonomous organization of owners isthe inherent driving force of the membership right exercise of the distinguishownership over buildings.The fourth chapter is the system perfection of the membership right exercise ofthe distinguish ownership over buildings in China. The chapters above havediscussed the factors of membership right exercise. So this chapter discusses someproblems about the system of membership right exercise in China. For example, theproblem about how to defined the subject of membership right exercise in practice orthe problems in the operating mechanism of General assembly and ownerscommittee. This chapter also points out the thought about the establishment ofself-management Control Mechanism., and the thought to perfect China’s legislativesystem of membership right exercise of distinguish ownership over buildings.