Study Co-ownership Of Condominium Ownership

With the development of economy， the urban population explosion keepsbuildings into the sky. Our country housing system reform started in the1980s andthe housing commercialization gradually into the people’s daily lives. Multilayer，high-rise buildings distinguish all buildings in a city has increased dramatically.Disputes caused by distinguish all buildings are also rising. Although our countryprovides the important basis for the people’s court to solve the dispute of common partsof the building in the property law of2007and the explanation of several issues abouthear cases of the condominium ownership specific application of laws in2009，affected by many factors， our country still exist some shortcomings to the study ofcondominium ownership. Especially in areas of the fuzzy qualitative existence of jointownership， not only aggravate the theory of error， but also makes our country’scurrent specification error constantly， triggered a new dispute in practice， make theowner of the exercise of this right is often not sufficient legal protection. The authorthinks that the key to solve the dispute of condominium ownership is to solve problemsabout the joint ownership， in particular， the definition of the common parts.Therefore， the author chooses to study the condominium ownership about jointownership. Including the nature of condominium ownership， the definition of thecommon parts and research in some specific area of the ownership， etc， in order tohelp to solve related problems in our real life.This article is divided into five chapters.Chapter1is introduction. Mainly introduces the background， significance，research methods and the basic framework of this paper， etc.Chapter2definite the condominium ownership especially the importance of thejoint ownership according to introduce the origin and development of condominiumownership. At the same time to compare the concept of its joint ownership of buildingand common parts between our country and the world’s major countries (regions)，finding out some shortages about the right of joint ownership and common parts ofbuilding in our country. Comprehensive definition of proprietary parts and commonparts of theory at home and abroad， combined with practical situation of our countryhas formed a defined standards to proprietary parts and common parts of condominium ownership.Chapter3mainly studies the legal nature of joint ownership and discuss theproblem about the owners should have the rights and obligations. Distinguishqualitative of joint ownership has been one of the focus of the debate in academicworld， according to the domestic and international mainstream qualitative discussion，put forward some ideas of the author. At the same time， specific rights and obligationsof co-owner， in order to solve the disputes better， protect the interests of the relevantowners. This chapter through analyzing the rights and obligations of co-owner， clearthe legal responsibility， perfect some deficiencies to the exclusive right to use ofcommon parts.Chapter4discusses some problems about special rights of the common partsbelonging. the problem. Aiming at the special object of joint ownership， such as thenature of right and right to controversial ownership of residential parking spaces，garages and green land. Whether developers for residential parking places and garagescan only sell it or not. In this paper， combined with foreign legislation experience，especially experience in Taiwan for further analysis. On the basis of combining with theproblem of parking space in practice in our country， forming the ideas for parkingspace ownership of legislation in China.Chapter5on how to balance the relationship between developers and owners， thekey is to put forward legislative suggestions on how to limit developers rights andprotection the rights of condominium owners.In this article， through the five chapters analysis the problems to the concept，nature， rights and obligations of joint ownership of the condominium ownership. Putforward in theory to perfect the nature of joint ownership and in practice to carry out thelegislation suggestions based on the limit developers interests， including from thelegislation determine legal parking space and set the proportion， banned developers setup any form of proprietary rights and to speed up establishing the owners’ congress thelegal person status.