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Study On Joint Ownership Of Shared Ownership Housing

Posted on:2019-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2416330578472816Subject:legal
Abstract/Summary:PDF Full Text Request
At present,the inventory of commercial housing in China is high,and the construction of affordable housing is facing a dilemma,which is a double problem of the structural and supply-side of housing and commercial housing.Influenced by the traditional concept,many people will "have" room as the goal of lifelong struggle,and public rental housing and other affordable housing can hardly meet people's expectation of property right.City "sandwich layer" groups demand for housing has not only stay in the house or rent,and more tend to have"ownership",the housing safeguard need to establish a from the "rent" to"have" property right channel.However,there are a lot of corruption and rent-seeking problems in the property rights protection room of China's limited property right,which is difficult to guarantee distributive justice and poor guarantee effect.The problems that arise in practice have forced the theoretical innovation,and the reform of the housing property right system has become the consensus of the current theoretical and practical circles,which is the key to solve the current housing system problem.Proposed that affordable housing a total of property rights will be helpful to circumvent the security person when applying for housing speculation,and to really implement the affordable housing to safeguard object,and can meet the needs of joint venture to develop together.But in the current total of ensuring housing pilot exploration process,due to the central level there is no uniform legal norms,local practice chaos,the level that leads to the affordable housing a total of a series of problems in the operation of the pilot.Based on the theory of housing security,this paper builds the foundation of analysis theory.First of all,based on common property rights housing connotation defined,with a total of housing property right is the question of what,clearly China housing a total of exploration should be based on the current theory of ownership,highlight the co-ownership of housing and the difference between ordinary commercial housing co-ownership;Second,with a total of housing property practice and existing problems are analyzed,the current local total of property rights on the situation of the housing,through the case retrieval,the judicial disputes exist in the analysis,foresee a co-ownership housing problems in promoting;Again,use the comparative research of the housing security system in more developed countries and regions,a total of housing property rights to explore,from the housing ownership,the rights and obligations,rights relief,etc are introduced,including Britain,Singapore,the United States,Hong Kong,the practical experience of many countries and regions in co-ownership housing,for consummates our country housing property ownership problems to provide necessary reference;Finally,put forward countermeasures and Suggestions of perfecting our country's housing property ownership problems:one is strictly double order the use of legal relation,claiming the applicable law in co-ownership housing affordable housing,the respect such as rights configuration adhere to the law priority,attaches great importance to the by the security person property share of the property attribute;The second is to clarify the relationship of rights and obligations,and propose Suggestions on the improvement of the rights and obligations of the housing rights from the aspects of share,transfer,mortgage and rent.Third,the author puts forward the suggestion of improving the right of housing related rights in our country.
Keywords/Search Tags:Shared ownership housing, co-ownership by shares, Powers and functions, Priority of private law
PDF Full Text Request
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