The Exertion Of Common Exclusive Right Of Distinguish Ownership Of Building

With the promulgation and implementation of the Real Right Law of the P eople’s Republic of China, the common exclusive right of distinguish ownership of building have been taking widespread attention. The thesis is a detailed stu dy on exertion of common exclusive right. On the basis of clearing common exclusive right with membership right, this thesis studies the main questions which come from a real case as following:the subject of exertion of common exclusive right, the principles of exertion of common exclusive right, and the ways of exertion of common exclusive right. The purpose of this article is to provide suggestions and reference for improving relevant legal system in China.With regard to the relationship between common exclusive right and membership right, there are three different opinions:the opinion of membership right, the opinion of common exclusive right, and the opinion of exclusive power. Compared with membership right, the concept of common exclusive right conforms to China’s legal status much more.Concerning the subject of common exclusive right and the exertion subject, the subject of right is the owner of distinguish ownership of building, while the exertion subject could be the owner, or the actual user, such as the main close relatives of the owner and the lessee, etc. It will be helpful for better protect the rights and interests of stakeholders to distinguish the subject of right between the exertion subject.Respecting the principles of exertion of common exclusive right, there are the general principles and the special principle. The grasping of the special principle, namely reasonable principle, is particularly important for proper and efficient exertion of common exclusive right.About the ways of exertion of common exclusive right, there are direct management and organization management. The rationality and validity of the direct management is especially important. In China, the self-management organization is the owner association. The legal nature and litigation status of the owner association is the focus question in practice, What’s more, clearing the relationship in the owner committee, the owner management committee, the neighborhood committees and the street agency is significant for owner autonomy management.