The Research Of The Problem About The Clubhouse Ownership In The Commercial Community

With the development of China’s economy and the deepening the housing system reform,the housing market is very prosperous. But at the same time, various cases about commercialhousing is also frequent. One of the cases which is concerned of is about the clubhouseownership.This paper leads to the problem of the clubhouse ownership in China by analyzingthe typical case. Then by discussing the domestic and foreign legislation and relevant theory,this paper raise a comprehensive judgment standard to deal with the the clubhouse ownershipand give some suggestions about how to make the legislation perfect.The first part of the paper states and discusses the typical case and get the conclusion thatit is not clear to make sure the clubhouse ownership not only on the law but also on theory.The second part of the paper illustrates the residential legislation about the clubhouseownership in China. And then this part analyzes five theories about the clubhouse ownershipin China: Theory own by the owner, Theory own by the developer,Theory the priority ofagreement, Theory the construction of the price, Theory comprehensive judgment standard.And the part finds out the good parts of the five theories based on analyzing the advantagesand the disadvantages of them.The third part of the paper describe the legislation about the clubhouse ownership inU.S.A, France, Hong Kong, Japan and Taiwan. As there has been Condominium ownershipinstitution for a long time in these countries and regions, it is necessary to learn them for thejudgment standard and the future legislation.The fouth part of the paper is key for the whole paper, which raises a comprehensivejudgment standard to deal with the the clubhouse ownership. This standard are that byinvestigate the agreement between the owners and the developer, the construction of the priceand the situation of the clubhouse in order. And there are five reasons to build this standard:1，To make up the disadvantages of using the single theory;2, To be beneficial for the ownersas possible;3, To solve the depute about the own of the clubhouse quickly and effectively;4, To clear the possibility of the depute happens again;5, To solve some minor problems that thescholars ignore.The fifth part of the paper gives some suggestions about how to make the law perfect. Forthe law, it is necessary to formulate the special law about the condominium. This law shouldrefine the common part and the special part and make sure the legal status of the owners. Forthe regulation, the government should formulate the special regulation about the owners tomake the owners be able to manage the clubhouse.