Research Reports Relevant Laws Applicable In The Cases Of Condominium Ownership

In recent years, the country has accelerated the pace ofprogress in the development of urbanization, the rapid growth ofthe urban population, the increasing demand for housing,residential property, commercial and residential communitiesspringing up rapid growth, the district residents’self-management needs of expanding, diversified propertymanagement services, refinement of development, so as to furtherthe rich connotation of the legal system of the Building Ownershipalso provided rich soil for this special formation anddevelopment of the property rights system. Condominium ownershipand people living Contact the more and more closely, as animportant system of ownership of real estate, is related to thevital interests of the broad masses of the people, the people’slivelihood in the civil trial, to protect the livelihood of thepeople, and improving people’s livelihood, the significance ofnot self-evident. But as our property rights, a rather specialand emerging property rights system, internal demand in itsdevelopment of the theory and the practice session of the depthand breadth of research, not a small gap, coupled with thepractice of life emerging fresh cases, but also to express their opinions of the judges in the former trial practice, arguing.Because in such cases there are still a lot of differences in theunderstanding, coupled with the diversity and complexity of theabove cases, you need to use a lot of property law theory judgmentanalysis from the point of view of the judicial practice,strengthen condominium ownership in the rights of content defined,The law applicable to the problem of the protection of the rightto run, and limit the expansion of rights research has a strongpractical research value.To complete research topics, the author intends to inviterelevant case-handling staff discussion, understand grassrootscourt proceedings related to cases of legal awareness and lawapplicable; through interviews with the owners, residentialproperty, housing management departments, to understand them onrelevant legal issues of understanding and disputes the The mainsticking point; through research and analysis, summarized themain problem combing trial practice, ideas and methods to solveproblems. On this basis, unified judicial scale trial relatedissues put forward feasible suggestions.The text of this paper is divided into three parts:The first part analyzes the characteristics of a court ofcompetent jurisdiction of Chongqing condominium ownership cases. From condominium ownership cases surveys, see, the main of thefollowing characteristics: First, the relationship between thecase law is complex and difficult of trials; affecting the vitalinterests wider social impact surface; Third, the principle oflegal norms relative scales of Justice to be unity. Through thispart of the inductive analysis, combing summarizes thecharacteristics of the types of cases in trial practice, outlinesthe necessity and importance of substantive research.The body of the second part focuses on the condominiumownership of the types of cases faced major problems and causes.I start from the definition of condominium ownership, condominiumtype of ownership is divided for the exclusive rights toco-ownership, the three members of the right part. Andcorresponding three ownership individually to clarify individualownership following cases of difficult problems and controversy,and the problem of the formation of the reasons for a detailedanalysis, to ask questions, to find out the "crux", supported byrelevant case described. These questions focused trial practicein the presence of a variety of perspectives and understandingof representative and typical in the trial of cases.The body of the third part of the view to resolve the aboveproblems and put forward the author. To judge these views, the author first introduced the concept of protection guide andpromote the development of both the pretext of external forcesand gradually defuse simultaneously, attaches great importanceto parallel with the focus on mediation referee, and the premiseand basis of these ideas, respectively, for the second part ofthe proposed judgment, that the author’s point of view. Legalsupport these views, but also the use of the practice, so as toprovide ideas and suggestions for how to resolve these issues inthe trial practice.