The Dilemma Of The Owner's Right To Exercise In China And Its Solution

With the sharp increase in the contradiction between the rapid increase of urban population and the tension of urban construction land,urban buildings,especially residential buildings,have gradually moved towards high-rise development.As a result,the issue of ownership of buildings differs.In practice,disputes over ownership of buildings mainly occur in the ownership of common ownership of the owners of the various divisions,and the common right is related to the rights of the owners.It is one of the souls of the building ownership system.The owner's co-ownership is not paid enough attention to in the building division ownership system and in practice,so that there are many unreasonable provisions in the co-ownership provisions,which hinder the realization of the owners' rights.So what difficulties will owners face in the process of exercising co-ownership,what causes them,and what measures should be taken to solve them so that the owners can successfully exercise co-ownership and realize the value of co-ownership,this article focuses on and solved problem.The owners' common right is one of the main rights of the owners,involving the exclusive part of the building,and the subject of the rights involves the majority of owners.As the owner's co-ownership,which is closely related to the owner's living environment and living conditions,how to exercise its rights to make the co-ownership work effectively and bring benefits to the owner is the value and significance of the owner's co-ownership.In practice,due to imperfect legislation on co-ownership and long-term indifference to co-ownership,owners face many difficulties in realizing co-ownership.How to solve the dilemma faced by the owners in exercising the co-ownership needs to abide by the rules of the exercise of the co-ownership.On the basis of the rules for the exercise of the co-ownership,the majority of owners,as a group,legally empower the group to transact with the third party as a subject and conduct litigation.Really play a role in realizing the value of co-ownership.The exercise of the co-ownership by the owners is carried out through the owners 'assembly.The resolution of the owners' assembly will directly determine whether the co-ownership exists and is enjoyed by those owners.However,various problems arise in the operation process of the owners 'assembly in our country,making it difficult for the owners' assembly.When making a resolution,when solving the dilemma faced by the owners in exercising the co-ownership,they should first design a complete set ofoperating rules to make the owners 'conference operate scientifically,make an effective resolution,and make the owners' conference really work.Under the condition that this meeting system is well-functioning,comprehensively adopting some powerful measures can better solve the dilemma of the owners in exercising the co-ownership,so as to maintain the co-ownership of the owners,so that the owners can realize the rights smoothly without hindering the exercise of the co-ownership.