Analysis Of Property Rights Disputes Between The Owners And The Developers

With the continuous development of China's commercial housing transactions,ownership disputes on overhead layer has become a prominent problem,whether there are large differences in the academic and judicial circles.In the case of the owners of the Committee and the developers believe that their own.The sample case has three:one is the focus of controversy is whether the physical layer overhead;overhead layer two is whether the distinction between ownership belongs to the common parts of the building;the three is whether the owners committee is the eligibility of the subject of litigation.Whether it is legal or from China's current law interpretation,not from the overhead layer,the owners committee is the eligibility of the subject of litigation.The overhead layer belongs to the condominium ownership of the common part,the reason lies in:first,the overhead layer can not be in the structure and the main building of the main building division,must adhere to function,which is mainly to the main building to protect and beautify the role in use.Third,the provisions of the existing law on the part of the joint should be applicable to the ownership of the overhead layer.The people's court shall apply the "property law" article seventy-third and relevant judicial interpretations on the processing part of the regulations,not to apply the "contract law" article 164th,"property law" article 115th and relevant judicial interpretations of the provisions of material processing.