On The Protection Of The Owners’ Rights

Nowadays, with the rapid development of construction technology and the upsurge of urban land price, the high-rise buildings are springing up rapidly. Especially in recent years, with the growth of China’s economic and urbanization level, the real estate industry got great development. A lot of high-rise flats are constantly emerging. Hundreds of people may share one flat, thus the residential disputes often occurred. As an important ownership form of real estate in modern civil law, the condominium ownership right has been widely established in civil legislation in various countries in the world, and has become the most important legal rule for the public right of condominium in modern society as well. Our country’s study about the condominium ownership right starts late, until2007the Real Right Law formulates the condominium ownership right system. The article analyses the condominium ownership right system on the base of the real right law’s rules and learns from foreign advanced legislation experience in order to find ways to protect the owners’ divided co-ownership rights. The article includes four parts.The first part makes an overview about the condominium ownership right system, illustrates the basic concept, the content and the characteristics of the condominium ownership right. At the end of the first part, the author brings out an important thesis, the owners’divided co-ownership rights.The second part details the condominium ownership right’s characteristics, content, object and classification. The article gives a priority to the analysis of the common parts. The article analyses the common parts’identification with the comparative law’s view and gives advice to our country’s regulations of the common parts. Finally, the article gives several cases of particular common parts to prove the conclusion.The third part lists several situation of the infringement of the owners’divided co-ownership rights, including:the developers, the owners, the property management enterprises and the third-party. In this part, the author analyses the shortcomings of the owners’divided co-ownership rights’ protection.The fourth part puts forward some solutions. We could protect the owners’divided co-ownership rights by consummating the registration system, strengthening the owners’ control of the residence community, consummating the management of the residence community, delineating the infringer’s responsibility, etc. Finally, the article suggests that we could protect the owners’ divided co-ownership rights by confirming the status of the owner committee and giving it the qualification of subject of procedure.