| With the housing commercialization,property rights structure is also quietly changing.Real estate developers buy a piece of land to the state,get the right to use residential development in the land and the relevant provisions of the construction. A number of residential building will sell to the owners,and an important problem that who will have the ownership of the public facilities within the residential area is generated at this time. From the draft of property law review process to the implementation of the property law, this problem has always existed. It is due to the different understanding of this problem,especially the quality of overhead layer and residential community facilities,there is no uniform conclusion in the academic and judicial circles.Therefore,qualitative analysis and research of the ownership of residential facilities has important theoretical and practical significance.Based on the case of Shenzhen Nantianyi Garden vs Shenzhen urban construction company, this paper use four chapters to illustrate this problem. The first chapter is introduction including selected topic background and significance of topics,opinions on this thesis research both at home and abroad. The second chapter is the case introduction, mainly introduces the case of first trial,second trial, retrial and arguments on both sides of the proof.The third chapter,analyze the problem,namely the issue analysis. First,define the building differentiation ownership,overhead layer and facilities.Then analyze the rights of ownership involved overhead layer and two buildings,including the the judgment standard of ownership,and the application of these standards in this case.The fourth chapter is to resolve the problem, through the analysis of the case, together with the present situation of our country’s legislation and the reality, suggest perfecting the legal system and reducing real disputes. |
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