Ownership Of Buildings Co-Ownership Part Rights Research

Modern society with improvement of people’s living conditions, secrete a living increasingly rare, people’s homes from the detached house moved into the apartment building, from a Hutong tens to a building, a commercial district thousands of tens of thousands of people, only more than 20 years, people’s living earth shaking changes have taken place in the pattern. Many people, disputes would follow, in a building, how to use common walls and corridors, elevator, residential green space whether can belong to the owners of a building, parking, garage why sold to non residential owners, roof and balcony can use these are current social common has the right to dispute.Although our country in 2007 promulgated and implemented the "property law", in 2009 by the Supreme Court announced and implemented the law interpretation (2009) No.7, although basically meet the current on the right of common judicial disputes, but specific to what standard, what way to determine the ownership right of common co part of the scope, the ownership rights and the ownership of the common part of what the rights and obligations of these under current law was still unknown, the condominium co ownership right as the foundation combined with the actual case, the distinction between ownership in violation of their legitimate rights and interests are discussed analysis of the impact of lack of existing law, to protect the legitimate rights and interests of the owner of the distinction, combined with the actual proposed remedies are discussed.In this paper, based on the ownership of building differentiation ownership combined with the actual case, to distinguish between owners to discuss the question of their legitimate rights and interests are violated, first of all, through the study of the concept of ownership of building differentiation ownership, property, the mutual right of ownership of building system in China and other countries of the building differentiation ownership system of ownership of a horizontal comparative analysis of China’s existing laws on the ownership of buildings of the defects of the system of ownership, combined with the distinguish between the owners of the rights and obligations, to distinguish between owners of usufruct which enjoys to the common parts, repair, the right of disposition and distinguish between owners of common parts shall have the obligation to maintain and protect, to undertake the obligation of maintenance costs of common parts are discussed. Secondly analyzes the common parts of the exclusive parts, this paper discusses the establishment of the exclusive right of way, destroy, and to practice parking Spaces, the roof platform, discusses the problem of green land, analyze its right ownership. Finally based on the lack of existing legal ownership of our country people the right to exercise the ownership of the owner individual no litigation subject qualification, right of common object definition is not clear, there are some unclear ownership ownership of tripartite face to protect people legitimate rights and interests of the impact of the problem, and from aspects of the program, system, relief to distinguish how to protect the rights of ownership has powerful forward confirm the owner individual litigation right, clear common parts right ownership, strengthening the concrete measures such as position of the owners’committee. For our country to perfect the system of building differentiation ownership legislation, straighten out the different theory of relationship between academic research and solve in the reality of a series of questions about the ownership dispute to provide direction.