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The Research On Co-ownership Of Condominium

Posted on:2013-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhangFull Text:PDF
GTID:2246330371492877Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Due to the properties of Ownership special distribution shape and intensive resident population, so the right theoretical conflict in the condominium building displays more multifarious and complicated."Property Law"、"Judicial interpretation on the condominium building" and "Property management regulations" are the theoretical foundation to solve the relationship between rights and obligations of condominium ownership, but Most of the provisions emphasize the standards of management aspects rather than largely highlight the rights structure and the confirmation protection of co-ownership in condominium ownership. Especially the property define of condominium ownership、the way to rule object scope and registration in the condominium building, they are all important parts the legislation should reconsider.This essay starts with the basic attributes of co-ownership in condominium ownership, then discuss component、registration and performance of co-ownership in condominium ownership, finally explore the defect of lawmaking ideas and the insufficient of lawmaking content of co-ownership system and come up with the Corresponding Strategies. Based on what I have discussed above, this essay will divide five parts to discuss.Except introduction, the five parts will be outlined briefly as follow:The first part, the basic attributes of co-ownership in condominium ownership, this part cites related literature theory and legal provisions to explain the definition of this co-ownership, the place in condominium ownership system, the nature and feature of co-ownership. I not only quote doctrine but also review the correctness of various theories and empirical cases.The second part, the components of co-ownership in condominium ownership, this part specifically discusses subject and object and content of co-ownership to define Rights and content of co-ownership.The third part, the registration of co-ownership in condominium ownership, this part will explain the effect of co-ownership registration, registration subject, content, ways and existing problems. It also discusses the specific measures of co-ownership registration in condominium ownership.The fourth part, the performance of co-ownership, this part researches get and destroy and the way of performance of co-ownership.The fifth part, the perfection of co-ownership system in condominium ownership, the part comprehensive sorts the viewpoints above and borrows ideas from foreign advanced experience in legislation to present some suggestions about the perfection of lawmaking ideas and content of co-ownership in condominium ownership.
Keywords/Search Tags:the condominium building, co-ownership, common parts
PDF Full Text Request
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