Research On The Right Of Co-ownership In Condominium

In 2007, China’s condominium ownership system was official established with the promulgation of the law of property. In 2009, the interpretation of the supreme People’s court on several issues concerning the specific application of law in the trial of disputes over partitioned ownership of condominium areas and property services. The two judicial interpretations in the "property law" and other legal framework, strive to enhance the operability of the law.The housing system reform has been deepened with the deepening of reform and opening up and the rapid development of economy. In recent years, these disputes have increased relate to the ownership of the condominium. It has caused wide public concern, new questions and new situations are constantly emerging. At present, the current “property law" is still vaguer, China currently has no relevant independent legislation about the ownership of the buildings. It leads to many problems remain in dispute. In practice, many contradictions have been found in the co-ownership. Therefore, we need to further study the co-ownership of condominium ownership, in order to improve the relevant legislation as soon as possible and promote the practice.This paper is divided into four sections:The first chapter is about the basic theory of co-ownership. The distinction between all kinds of theories, the concept is introduced in detail. Focus on the contents of co-ownership, includes: legal concepts, nature, characteristic, content, the similarities and differences between the exclusive right and the co-ownership. It paves the way for the further discussion.The second chapter is about the object of co-ownership. It includes: the legislative status and analysis about the green land, parking space, club, exterior wall, roof platform. A detailed discussion of these hot issues is carried out, and put forward personal views on the point of view of the future legislation and practice.The third chapter is about the use of co-ownership. First, I analyze and sum up its power and obligation. Second, the use of the principle is discussed, including: majority decision principle, reasonable use, agreement principle. Third, combined with judicial practice, litigation subject is analyzed.The fourth chapter is about the research on the protection of co-ownership. I analyze and sum up the infringement and the protection of co-ownership. First is to continue to improve the relevant laws and regulations, protect the interests of the owners. Second is to strengthen the standardized management of developers and Property Management Company. Third is to strengthen the construction of the owners’ committee.