The Divisional Ownership Of Building System Research

Condominium ownership which is a very important system of real estate hascome into being as early as the period of slave society，it is coming with thedevelopment of society and the rise of cities. At the beginning of the twentiethcentury，many countries have Established the system by legislation. Since the reformand opening up，the development of our country’s economic and urbanizationcontinues to grow. More and more high-rise building have been built，bring inconstantly disputes about the condominium ownership. However，the construction ofChinese legal system is far from perfect in this aspect，the provisions in accordingparts are refered to less in the current laws and regulations. For this reason，it isnecessary to improve the related legal system as soon as possible. On the one hand，it can improve the system of real estate，on the other hand，all kinds of disputes fromthe Condominium ownership can be solved more effectively in practical.The author expounds the basic theory of the condominium ownership，and on thebasic to give a research about the common part of the condominium ownership. Theauther insists that the core right of the condominium ownership is the common right.Holder has obtained the exclusive rights and the common right at the time. The scope ofobjects of the common right is extensive. And the nature of each section is different，including Co-ownership by Shares and common ownership which is real differentfrom the general form of common right. Holders own the common parts and sharethe fees according to the size of exclusive rights.First，this article analyzed the regulation on common right in some countriesand regions，described opinions from many scholars，and compared them with ourcurrent country’s law. Second，focus on analysis of the common right through it‘snature，characteristics，elements and illustrated the methords that how to acquire anduse it. Third，discussed the ownership of some parts which easy to cause the dispute，such as parking space，the garage，the roof. And then presented own personal viewsand advice on the issue. Along with promulgation of the property law， theunderstanding of condominium ownership is improved constantly.In my opinion，only by figure out those relationship，can we protect the interests of all sub-groupseffectively.