Research On The Right Of Co-ownership In Condominium

Condominium ownership has been widely established in legal systemof modern countries,as a special kind of estate ownership form.The right ofco-ownership is the core issue of the condominium ownership.InChina,with the acceleration of our society, urbanization housing becomesgrowing density, co-ownership causes disputes frequently in daily lives.Currently, the main measures adjust the relationship between residential ofcondominium, by which the explanation of "Property Law"and "JudicialInterpretations Of Property Law" and "Building Service ManagementRegulations"in our country. However, on account of this legislation systemhad been constructed not long ago, some shortcomings exist on those lawsand regulations.Therefore, research and exploration of co-ownership incondominium ownership system, It ’s valuable and important significancein theory and practice.This Paper focuses on the significance of the two aspects of theoryand practice.In addition to the introduction and conclusion, there are fourchapters in this Paper.The first part is an introduction of co-ownership. Firstly, research baseon the conception and legal features of condominium ownership.In orderto "three-element theory", analy of conception and characteristic ofco-ownership.Then, illustrate the relevant legislation about co-ownershipwhich had been promulgated before "Property Law", Rules and regulationsof co-ownership on "Property Law",and the legislative significance.The second chapter in which research on the common parts inco-ownership.Through compare with several theories, investigate the legalcharacter of the common parts，co-ownership has been considered as a new type of special model. To study on those forms of the legislation on thescope of the common parts, and clarify the definition of the ranges andtypes, analy the laws and regulations in our country to common partsdemarcation. General speaking, the dispute in judicial practices prone tosome special common parts of the ownership rights, for example, theparking garage,the roof platform,the green land, those are described in thepart. Study on the part of the registration system in China,and afford tosome suggestions.The third chapter analy the rights and obligations of co-ownership. Itfocus on the five rights and the three obligations of co-ownership,demonstrated based itself upon in our country law, discuss it theunderstanding and application in the people daily lives.The fourth chapter discuss the exercise and protection of co-ownershipright. List the principle and the exercise way. From infringer, torts, liabilityand remedy, analys the current law provisions about the right ofco-ownership.