The Empirical Determination Of The Scope Of Rights Based On The Common Parts Of A Building

Condominium ownership of buildings is a kind of ownership. Withthe development of the society, communities and high-rise buildings havealready become the dominant form of residential and commercial realestate in urban areas, which makes the system of condominiumownership an important system of real estate ownership. Disputeconcerning the scope of rights based on the common parts of a buildinghas become a heated issue in judicial practice. The Property Law and theInterpretation of Supreme People’s Court on Issues Concerning theApplication of Law for the Trial of Cases of Dispute over condominiumownership have not provided satisfactory legal basis and interpretationfor this kind of problem. Focusing on the research of the right to use thecommon parts of condominiums, this article is based on the research ofclarifying the definition of common parts, and discusses the relief ofrights based common parts of a building when being infringed.Via analyzing the cause of the problem, this article discussed the legaldeficiency and puts forward suggestions about the legal norms, combingthe specific practical issues.This article is divided into four chapters.Through the analysis and comparison of cases regarding the rightof lessee and right to the use of common garage, which is a heated issuein judicial practice, the first chapter introduces the core issue of the scopeof rights based on common parts of a building, which refers to the systemof the right of reasonable use and exclusive right to use.The second chapter analyzes the legal cause of above-mentionedissues and furthers the analysis by illuminating the deficiency andshortcoming of current laws and regulation concerning the definition ofcommon parts and relief of rights based on common parts.With respect to the vagueness and deficiency of laws related toabove-mentioned issues, the third chapter discusses the interpretation andregulation on an ideal level, and points out that the reasonable use shallbe limited to the satisfaction of the exclusive right to use and putsforward suggestions concerning the design of the system of exclusiveright to use, focusing on which, this chapter also discussed the definitionof common parts and the relief of rights based on them. On the basis of previous three chapters, the forth chapter conductsanalysis and research of the specific issues concerning the rights based oncommon parts by combing the cases in judicial practice. This chaptermainly discusses lessee’s right of reasonable use of the common parts andthe conditions for acquiring the right, and analyzes the ownership ofgarages in communities, followed by the suggestion of introduction of thesystem of exclusive right to use for the common garage. In addition, thischapter analyzes significance of the right of rescission for individualproprietor and litigious right for committee of proprietors in judicialpractice.