Study On The Co-ownership Of Condominium

Condominium is a special kind of real estate ownership form, which developed with the rapid growth of economics and modern architectural technology. It has been generally developed as an important legal system from the beginning of19th century and20th century in Germany, France, Italy, Japan, the United Sates and other countries and regions. The co-ownership part of condominium is the core issue and very complicated. In our daily life, with the development of our society and increases of urban inhabitant, more and more disputes about co-ownership parts are produced. In China2009, the Supreme Court announced the judicial interpretation on the application of law in condominium ownership disputes cases, which is significant in the system of ownership. Bases on this and wide foreign legislative experiences, several aspects about co-ownership of condominium both from theory and practical are to be discussed in this paper. In particular, this paper will focus on the common issue of green field and community garage parking.This paper is divided into four parts.Chapter one is an introduction of the whole paper. It expounds the significance of study co-ownership of condominium from a dispute case about district parking space. Then it introduces the history and legal features of the theory by comparison of various theories.In chapter two, the co-ownership right of condominium is researched. Compared with traditional civil law, the co-ownership right of condominium has its own characteristics, so it needs to be discussed specially. Lastly, the content of the co-ownership right of condominium is discussed.In the third chapter, the dispute problems about the ownership and rights of parking area and green field are discussed. For instance, whether could the property developers obtain the rights of green field, whether could the property developers only sell but not rent the garage, all these problems should be discussed. Based on the discussion, it is necessary to improve relevant legal systems.Finally, right relief and protection are discussed, and some resolutions are proposed.