The Research On Co-Ownership Of Condominium

Along with the development of economy, the rise of modern city and the booming construction industry, the condominium ownership right have gradually developed a special real estate property types. Since the reform and opening up, with the city to speed up the process, the relationship between residents and the city land has become strained, the emergence of residential property will help alleviate the tensions. The distinction between buildings has become China’s most popular residential pattern. Society has paid more and more attention to use and ownership of the common parts in the residential area. As part of the rights and obligations relating to the subject more complicated, the common parts use and management is the most conflicting segment. In practice the majority of housing disputes often also produced. Our country study the condominium ownership right starts late, until2007the Real Right Law formulates the condominium ownership right system, and this provision undoubtedly has the sense of milepost. But the "property law" stipulates little about co-ownership of condominium. It is difficult to form effective role in guiding practice.The paper is divided four parts:The first part elaborates several basic problems of co-ownership. First, the paper expounds the concept and legal characteristics of co-ownership of condominium. Mainly introduces five characteristics:the identity of the subject, extensive object content, the complexity of rights and obligations, the right to change from the property, the common part of the indivisible. Secondly, the emphasis of this part is to define the nature of the co-ownership. Through the analysis of a common saying, the share theory, deciding on the type and model has said, but this paper argues that nature of the co-ownership and the traditional share theory is consistent in essence, accurate to say it is an undivided share in common.The second part has carried on the object of co-ownership. First the paper introduces two basic classification parts:the statutory common parts and agreed common part, all part and common part. Secondly, the paper expounds the definition method of other countries and regions. Analysis of the foreign definition consists of three main parts:exclusion pattern mode, listing mode and the mode of combination of subject and object. As there are some shortages in the definition of common parts, it is necessary to draw foreign experience to perfect the definition_of common parts. We should Take the subjective and objective combination+exclusion+lists such an integrated model. Finally, the paper analyzes the rights of ownership of the garage parking spaces, residential green management authority, and puts forward own ideas about relevant provisions of the property law.The third part clarifies the contents of co-ownership and exercise of co-ownership. First, the paper expounds the content of co-ownership, clears the co owner’s rights and obligations. The co-ownership people enjoy reasonable use, benefit sharing and simple repair improvement right, at the time they should also bear the part originally use, management cost sharing and compensation obligations. Secondly, starting from the basic principle about co-ownership’s exercise. The paper introduces general use right of co-ownership and exclusive use right of co-ownership. Finally, put forward own opinions on subject and object of setting exclusive use right.The fourth part discusses the legal protection of co-ownership of the condominium ownership. First, analyzes the phenomenon that developers, Property Management Company and community owners damage the common parts. Then according to the infringement of co-ownership, the paper put forward protection. It mainly includes the establishment and perfection of the registration system of the common parts, clear litigation qualification of proprietor committee, establish compulsory deprivation of condominium ownership and strengthen the legal regulation of Property Management Company.