Research On Co-ownership Of Condominium

Along with the rapid development of economy, the city continues to expand thescale of building homes to top the development direction of gradually building allbecome China’s urban real estate distinguish the general phenomenon of our countryuntil2007the promulgation of the property law, was first to the form of the chaptersbuilding differentiation ownership rules, however due to distinguish all buildings.This paper first introduced the first chapter the writer building differentiationownership related concepts and development evolution. From a yuan said to threeyuan said after the scholars constantly enrich and perfect. Then, this articlesummarizes the characteristics of building differentiation ownership, the author thinksthat differentiation ownership dependency, leading and integrity with the threecharacteristics. Second, the author also expounds the concepts of distinction betweenmutual right, distinguish the legal nature of mutual right there are many disputes,according to the theory of evaluation, and comprehensive think should according tothe structure of the building to judge the property ownership. In addition, distinguishbetween mutual right and other than mutual right, there are several different, the list.Distinguish between mutual right is the same with the legal attribute.The paper introduced in detail in chapter2distinguish between the classificationof ownership. Different classification can produce different legal relationship, anddirectly affect the rights and obligations of the exercise of penetrating. Specifically,from the common parts distinguish can be divided into the statutory common parts,natural common parts of the common parts and agreed. Can also be divided into allthe common parts and parts of common parts. In the second part of this chapter, theauthor discusses in detail the specific several common parts. This several specialcommon parts also caused wide discussion and debate.Such as the ownership of the parking problem, the roof and walls and community platform, the green space and so on.In this paper the author detailed the third chapter discusses the buildings werebelong to distinguish between rights and obligations. Rights and obligations is thelegal relationship between the indispensable part of content. Anyone in the rights ofalso afford the corresponding obligations. Distinguish between total belong is noexception. As building were belong to distinguish, the common parts use, enjoy therights of earnings, participation in management. At the same time also bear thereasonable use, maintenance repair and pay the corresponding management fee ofobligation. Then, the author analyzes the rights and obligations of how penetratingdistributed in between. At the end of this chapter, the author also introduces thedistinction between the civil liability of belong to bear.The fourth chapter, deeply analyzes the real estate registration system of ourcountry, distinguish between mutual right is also a kind of the real right of a realty,real estate registration system is perfect or not directly affect differentiationownership changes and circulation. And then can make distinguish between mutualright in legal an awkward moment. First, the author introduces the present situation ofthe real estate registration system in our country, and analyzes its system ofdrawbacks. Then, this paper studies the building differentiation ownershipregistration system, think for the rights of the registration system also should befurther improved, and puts forward the author’s advice. At the same time thedistinction between mutual right registration system is still in a blank, the authoradvocates should further improve the relevant system, so as to better protecttransaction security and maintain the legal rights of the party.The final chapter of the author in this paper, initially deduce the distinctionbetween mutual right about some approaches to improve the system. First, for specialcommon parts special use set system; Second, set up public easement system; Third,to set up another proprietary or special part of the use of the system of asking; Fourth,the establishment of other people or special part of the use of proprietary claimsystem. The above several system to distinguish between the improvement of thesystem of ownership is very meaningful. The author thinks that depend only on legislation perfect way is not enough, to distinguish between mutual right system, itneed to other social system is the legal standard together.