The Research On Co-Ownership Of Condominium Ownership

In China, Over the past20years, with the acceleration of urbanization, the urban (?)opulation increase sharply and housing problems of the growing tension, to building or residential units of the house more high-rise buildings have been shown, and not for a unique to people. In order to effectively solve the reality that appear in the building differentiation ownership disputes involving, In March2007for the National People’s Congress of the "property law" and in May2009, the supreme people’s court with the needs of the trial practice "issued by the on the trial of building differentiation ownership dispute cases on the concrete application of law" the explanation of some issues, distinguish between ownership system for buildings made relevant provision, but its too principles and general provisions, cannot reach the purpose of curing, and practice more and more disputes mainly focus on building differentiation of ownership of mutual right on the problem. Therefore, it is necessary to distinguish between the buildings in our country ownership of rights issues are discussed.In addition to the introduction and conclusion, this paper is divided into four partsThe first, The Overview of the building differentiation of ownership of mutual right. Building differentiation of ownership of mutual right belongs to the special situation of, like general has, it is characterized by the main identity compound, object range of universality, rights and obligations, the division of the complexity of the species diversity, the right change dependent of the subject matter of the points and of unique characteristics. About the nature of the current there are all kinds of theories. Such as:"several co-ownership" said,"there are common." But, after further research it identified as a new type of seems to be more appropriate.The Second, Building differentiation ownership of ownership of the object. The differentiation of all of a building common parts including basic building structure parts, public traffic, building within the division of public facilities and affiliated parts, etc. One garage parking, roof platform, green space, and other special were part of the right to the difficulties of the dispute is in practic.The third, building differentiation of ownership of mutual right content. Building differentiation ownership of the relationship of rights and obligations for the building of performance to distinguish penetrating common part’s rights and obligations of the burden. Building differentiation ownership common part to enjoy the rights of use and earnings are:, power and improved the disciplinary right of the right, repair and physical with and power; Building differentiation ownership of a responsible for the part of the obligation is: reasonable use, cost sharing obligations duty, reasonable care obligations, and the duty.The fourth,building differentiation ownership of the exercise of the rights and protection. Building differentiation ownership of the mutual right exercise should follow the reasonable use, the overall interests of the first major issues, such as the common use control most of the principles, take turns using or proprietary use. In addition to the provisions of law by existing relief way protected outside, still should improve the corresponding system.