On The Condominium Define All The Exclusive Parts And Common Parts

For the definition of the exclusive parts and common parts,the existing research mainly develop the exclusive parts and common parts respectively, and their connection isn’t closed.Especially in the case of defining standard and scope,the existing research don’t stick to the either-or relationship between exclusive parts and common parts,the definition of the two aspects is still not consummate and comprehensive. Therefore,this article is based on the exclusive parts and common parts, mainly adopts comparative analysis and literature analysis methods and expands research from the significance of defining、the standard of defining、the scope and the legislative model.The significance of defining about exclusive parts and common parts includes theoretical significance(improve the system)and practical significance(resolve the disputes).As for the standard of defining about exclusive parts and common parts,this article sets forth from substantive criteria and formal criteria in order to form a good defining standard which connects the exclusive parts and common parts closely.The building may be an exclusive part if it satisfies the independence in the structure and usage (substantive criteria),otherwise it must be a common part.If the building is owned for all or part of the condominium in structure、 in nature or by voluntary and legal way (substantive criteria),it must be a common part,otherwise it must be an exclusive part.If the building performs on outside as the morphology of the object to exclusive ownership(formal criteria),it must be an exclusive part. If the building performs on outside as the morphology of the object to common ownership(formal criteria),it must be a common part.The scope of exclusive parts and common parts mainly defines in six aspects which include the main structure of the building、affiliated facilities and equipment、exclusive or shared by arrange、annex、shared facilities and equipment、shared fields and land tenure in occupied by the building. The legislative model of exclusive parts and common parts is to define the exclusive parts by blanket model firstly,then defines the common parts by combining exclusion, list and blanket model.