On The Deprivation Of Separated Property Ownership’s Right

The deprivation of building differentiation ownership, its essence is to the owner shall be expelled from the identity ownership of building community relations, for the method of building differentiation ownership on a special system, is a kind of punishment and relief system. The establishment of this system can be a very good response to the increasing owner to destroy all relationships of building or endanger the differentiation of all surviving the behavior of the building, to distinguish between all buildings has a significant and positive significance of management.There is no relevant law in China. This paper’s main point is that system should be set. Firstly, the paper talk through about and its theoretical framework, also give a general introduction to the deprivation of building differentiation ownership。Secondly,the paper analysis the meaning of learning from the form deprivation of building differentiation ownership on the foreign law by comparative researching. At last,the paper give some construction on the specific letter in law of deprivation of building differentiation ownership.The paper give a opinion that China should set system like German and Japan after some comparative studies. At the some moment, the paper sum up the guide points that to externalize deprived the specific circumstances of building differentiation ownership, that to rule the procedural of deprivation of the ownership. Besides, grasp rightly of the method of deprivation that to make sure not only that the rights have been protected but also that the misappropriation is prevented.The eighty-third letters of Property law of China write about the that owners shall abide by the laws. On the situation that the owner breach the laws, the letters write about the stopping the infringement, eliminate the danger, ruled out sabotage, compensate for the losses of relief measures. Deprived of building differentiation ownership system is a kind of punishment for serious breach of owners’ obligations behavior, So should be written right after the letters of eighty-third.The deprivation of building differentiation ownership system is a kind of civil sanctions and penalties. In view of this system is strict, if that are ambiguous, is bound to use or is not applicable to this system, so this article from the system feasibility, imputation principle and the main responsibility and ownership of the specific design detail according to the law system of deprivation. At the same time the specific law of deprivation of building differentiation ownership system Settings bold proposal.