Study On The Membership Rights Of Condominium Ownership

Condominium ownership is an obligatory product of adapting to the needs of the times and social reality.It solves the tension between housing supply and demand,but relatively,also making the original single relationship and ownership issues more complicated,especially the contradiction between owners or users in multi-layer buildings,high-rise buildings and apartment buildings,and the problems of co-ownership and membership separated on the basis of proprietary.China's current property rights legal system inherits the general structure of the civil law from the continental law system,but the relevant provisions on condominium ownership are still insufficient,especially the provisions on membership rights.For example,it is difficult to choose the legislative language and normative choices,it is particularly embarrassing in terms of institutional structure and rule design,it is biased in terms of experience and institutional inheritance,and so on.The normative concept of condominium ownership is unclear.There is no concept of selecting membership rights,which leads to the deviation of the normative form from the normative content.The specific content of membership rights lacks the form of matching legal terms.The flaw of normative intention and institutional structure also leads to the dilemma of the exercise of membership rights.The definition of the common parts is still vague,and the exercise of membership rights in practice is also constrained.The idea of group law should be implemented in the concept of membership rights,and the types of differences defined by the common parts should be clarified,and the scope and limitations of the common parts that different subjects can exercise are distinguished.The key to solve the exercise of membership rights,which there is necessary to establish the legal status of the group of owners in the normative system,and clearly define the limits of exercising and the supervision mechanism of membership.