The Common Ownership Of Condominium Ownership In Residential Building

With the development of social economy and the speeding up of urbanization in China, especially after the 18th Party Congress put forward China would vigorously promote urbanization construction, the importance of the related problems of condominium ownership has been increasingly apparent. China promulgated and implemented Property Law in 2007, but the Property Law only makes general provisions of the respectively important matters of principle in condominium ownership; at present, China still lacks a special law about condominium ownership. The disputes of common ownership of condominium ownership in the judicial practice also belong to the key and difficult problems. Therefore, the research and discussion of common ownership of condominium ownership have important theoretical and practical value.The paper discusses the related problems in four chapters.Chapter one is the overview of common ownership of condominium ownership of the basic theory. By introducing the related cases, the chapter puts forward the concepts of condominium ownership and common ownership, defines the objects of common ownership-- common part and the exercise of common ownership, analyzes and studies the meanings, characteristics and nature of condominium ownership and common ownership of condominium ownership and mainly adopts dualism to study condominium ownership.Chapter two studies the object of common ownership of condominium ownership. The chapter introduces the definition model of common part and China’s relevant laws and regulations, analyzes the causes why the definitions of common part tend to cause disputes, puts forward the method of judging common part characteristics to define common part, and analyzes the ownership of typical part of residential building in China.Chapter three indentifies the contents of common ownership of condominium ownership, namely the rights and obligations of co-owners. The rights of co-owners include the right to use, right to earnings, and right to repair for improvement of the common part, and right to claim of real right. The obligations of co-owners include maintenance and preservation of common part, sharing the common costs and burden, and rational use of common part based on the original purpose.Chapter four discusses the exercise of common ownership of condominium ownership. The contents involve the principles and ways of exercising common ownership of condominium ownership. The chapter mainly solves the problem of the subject form of exercising common ownership by introducing the concept condominium association, and discusses the main ways of self-management of management convention condominium owners.