Research On The Adjacent Relationship Of The Building Differentiation Ownership

The city is known as the symbol of modern civilization, is the economic and social development and people’s livelihood well-being is an important material carrier, China’s reform and opening up after thirty years of rapid development, rapid expansion of urban population pushing to speed up the urbanization process in China, the land intensive use of three-dimensional trend make all buildings distinguish independence resources become more apparent, the complexity of the neighboring relations between people of real property rights is rising. Than normal neighboring relations in civil law, the relations with all neighboring condominium modern representatives of neighboring relations exhibits a considerable number of new features, and rely on traditional neighbor relations rules to deal with such new neighbor relations It becomes more and more powerless, which is adjacent to the existing general relations system presents a great challenge. Although China’s "Property Law" has been for condominium ownership, neighbor relations were systematically regulation, but, unfortunately, the provisions of the "Property Law" on the general content of neighboring relations slightly "brute"(just 9), but no theory regarding condominium neighbor relations Regulation of almost "a quiz," is difficult to provide a clear legal basis for judicial practice in such disputes to the case in the real course of a hearing faced with considerable problems. Hear such cases, judges caught provisions apply only "Civil Law" the general principles of conduct neighbor relations referee’s embarrassment, which can easily lead to abuse of discretion, is not conducive to the parties to safeguard their legitimate rights and interests, nor conducive to resolving conflicts and disputes between the parties. Lag reflects legislative serious shortage of theoretical research on the study of its origin, condominium neighbor relations theory has never been our jurists considered a distinct separate civil law theory generally adjacent relationship system, by retrieving the author of the study distinguish between all the neighboring building relations system has been published, published writings and research papers, found that both the number and depth are far from reaching their due attention and discussion. To sum up, in-depth study of all the neighboring condominium theoretical relationship, not only to clear the neighboring condominium ownership relations in our relations system of rules in an important position adjacent to, and to enrich the system of property law system has important theoretical significance.This paper discusses the condominium from the legal theory of all neighboring relations, based on the analysis of condominium ownership and civil law generally adjacent relationship, focuses on condominium neighbor relations between the two and both originated and both differentiated qualities, combined with Germany and France condominium legislative model all adjacent relationship to provide theoretical and empirical reference for our legislation. Through reflection of the current lack of legislation on condominium and theoretical research on all neighboring relations, put forward the proposal to establish and perfect the idea. This paper is divided into four parts:The first part analyzes the background of the condominium, the theoretical and practical significance, as well as a review of all neighboring relations and other topics of study abroad, and attempts to condominium ownership, neighboring relations and condominium neighbor relations theory of institutional analysis for the following lay a solid theoretical foundation.The second part of the special chapter on condominium legal neighboring relations, by comparing the characteristics of the structure and the amount was not available for Germany and France neighborhood nuisance invasive system analysis system for our country to build condominium neighbor relations systems provide useful experience.The third part of condominium meaning given all the basic principles of the relationship between adjacent features and content analysis application of the relevant issues, tried to reflect condominium neighbor relations different from the traditional relationship between the neighboring properties.Reflection on the fourth part in our current system of relations between the neighboring gaps on the theory and practice of private law, the need for China to build condominium all neighboring relations system were analyzed in order to improve all phases of condominium neighbor relations system benefit.