Research On Demarcation Of The Exclusive Part And Common Part Of The Differentiation Ownership System Of Buildings

With the development of the city, in order to solve increasingly~dense residentialproblems, the differentiation ownership system of buildings is gradually concerned byChinese theoretical and practical communities, and then established in Chinese Property Law.However, there are still so many practical problems that can not be resolved effectively by theestablishment of the differentiation ownership system of buildings，For instance, theownership of parking space, and the ownership of external wall of buildings. The authorthinks, these disputes all stem from the demarcation problem about exclusive part andcommon part of the DOSB. Though scholars from theoretical circles have discussed this issue，no effective solution has been put forward. Therefore, the author chooses the title of researchon demarcation of the exclusive part and common patr of the differentiation ownership systemof buildings, and discusses the demarcation and demarcation standards of the exclusive partand common part of the differentiation ownership system of buildings along with the issue onthe ownership of parking space. This thesis is to penetrate the basic theory on the demarcationof the exclusive and common part of the DOSB and then to try to suppose the demarcationstandards. Then, On the basis of the theory, taking the controversial ownership of parkingspace as an entry, relative basic theories and the demarcation standards are to be tested andutilized?Futrhermore，the paper will also launch a discussion about the problem of theownership of the external wall of buildings and roof platform. At last, according to thediscussion, the conclusion is reached and legislative suggestions are put forward.Besides the introduction and the conclusion, the thesis consists of five parts.The ifrst part is to define the exclusive part of the differentiation ownership system ofbuildings. Based on specific legislations and practice of exclusive parts all over countires, itcan be concluded that exclusive parts include necessity and real probability elements.Necessity elements include two aspects: rationality requires that a building established aspropiretary parts is more conducive to building utilization; Feasibility requires a buildingmust be” independence in the structure, and can be a clear distinction,” and” independencein usage". But the reality requires that propiretary parts must be elements "to distinguishbetween ownership morphology of the object in external performance". The second part will make a study of the definition of the common parts of buildingdifferentiation ownership. Based on legislation and practice about the definition of thecommon parts in the countires and regions，the mode and scope of the common parts are to bestudied in the paper. In addition，other important issues relevant to common parts of thedefinition, such as the classification of the common parts and the propiretary agreed commonparts.The third patr has based on the basic theory about deifnition of exclusive parts and thecommon patrs, combined with the practice in our country, forming the demarcation standardsof propiretary parts and common parts. The standards of exclusive parts and common partscan be analyzed from two aspects of necessity and real probability standards. Real probabilityrequires that the exclusive parts and common parts based on necessity confirm and form thedistinguishing state of propiretary parts and common parts of legal significance through thecontract for assigning the irght to the use of the land, planning permit documents forconstruction project and related drawings, real estate business contract and managementstipulations.The fourth part will take the ownership of the parking space which has been the mostintensely discussed as the research object, making a study on the ownership of the parkingspace of by means of the deifnition of relevant theoires of exclusive parts and common parts，and based on this, combined problems existed in our country’s parking space in practice,forming our country’s legislative ideas about ownership of parking space.The fitfh part, according to the definition theoires of exclusive parts and common partswill define some of the controversial ownership of other buildings, including the ownership ofclubs，external walls，and roof platform of the buildings.The last part is the conclusion of this paper. This part will make a summary of thedefinition about the exclusive parts and common parts, and the ownership of parking spaces.