On The Co-ownership Of The Condominium Ownership Of Buildings

Condominium ownership of buildings is the product of rapid development of urbanization,and also an important form of real estate property.It is generally believed that the condominium ownership of buildings can be divided into different categories according to different standards,which includes three contents: exclusive right,joint right and membership right between owners.Because there are many owners,objects and contents involved in the Co-ownership,the disputes caused by it are also the most complicated.The Co-ownership of the common part can be enjoyed by all the owners or by some specific owners.According to the different academic research in the world,the general theory of Japan holds that the common ownership of the building can be divided according to the common relationship between the owners,which is called "the common ownership theory".The French theory holds that the common part is that the owners share the part of the building,which is equivalent to the common part,which is called "the common part theory".In judicial practice,the most frequent disputes in the disputes of condominium ownership of buildings are those arising from the joint ownership,because there are no clear provisions on the nature,ownership and definition of the joint ownership in China.In order to solve these problems,we need to start from many aspects.We need to probe into its nature,content,judicial practice,and other rights boundaries.First,Co-ownership is different from Co-ownership by shares and Co-ownership by shares,because it belongs to a special kind of differentiation and Co-ownership;second,in judicial practice,disputes often arise in garage parking space,elevator use,roof platform,green space in the community,etc.,and solutions are put forward,that is,as long as the cost of these special Co-ownership has been included in the purchase cost of each owner,it should belong to All Co-owners(except for special agreements);third,referring to foreign legislative experience and comparing with China's actual situation,China should make separate and detailed provisions or judicial interpretation on the system of building condominium ownership,which can not only be stipulated generally in the property law,but also be more practical.Based on the sixth chapter of China's property law,this article analyzes the imperfections of distinguishing the common rights legislation(the right to exclusive use of cases,the common disputes and the definition of common scope),and puts forward some suggestions for these deficiencies,hoping to be helpful to the improvement and development of the system.