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Research On The Issue Of Joint Ownership In The Differentiated Ownership Of Buildings In My Country

Posted on:2020-01-30Degree:MasterType:Thesis
Country:ChinaCandidate:L ShiFull Text:PDF
GTID:2436330572984301Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
As a part of the condominium ownership,the co-ownership is stipulated in the Property Law of our country at the legislative level.However,the provisions of the law on co-ownership are rather general,and it is not easy to operate in practice.As a result,the attribution of disputed parts and the exercise of rights have become a controversial issue in academic and practical circles.With the increasingly prominent disputes arising from share part,the existing legal norms regulating co-ownership can no longer handle such disputes better.Therefore,as the core content of condominium ownership,the co-ownership still needs to be studied in depth.After introducing and analyzing several theories about the nature of co-ownership from the perspective of the theory,this paper puts forward that co-ownership is a new type of joint ownership,and makes a preliminary study on the new type of joint ownership.Moreover,it introduces the main ways of defining the scope of the share part.After analyzing and comparing,it is concluded that the comprehensive way of defining the scope of the share part is more comprehensive and reasonable,which can provide reference for the future legislation of the share part of buildings in China.Once more,through case studies,the ownership of three types of specific places which are prone to disputes in practice,namely,garage parking space,roof platform and clubhouse,is discussed.Based on the existing legal provisions of our country,the legal provisions and the theoretical research of relevant national and regional laws,the ownership of three types of places is reasonably determined by analyzing the value level.This paper regards the garage parking space as the basic living facilities of the community,and considers that the basic living facilities of the community,such as the garage parking space of the community,should be shared by all condominium owner in the community;the roof platform should be determined by the specific condominium owner or all condominium owner according to whether it has the exclusive nature;and considers that the specific part of building,such as the roof platform,should be owned by the specific condominium owner or all condominium owner according to the specific circumstances;the component elements of the exclusive part and the purpose of operation of clubhouse should be owned by the developer,and the upscale consumption places such as clubhouse should be attributed to the developer.Finally,this paper discusses the protection of the co-ownership,lists the current situation of the infringement of the co-ownership by different subjects in China,and analyses the reasons from three aspects:the unclear scope of the share part stipulated by law,the imperfect registration system of the co-ownership stipulated by law,and the comparative principle of the responsibility stipulated by homeowners associations and homeowners committee in the management of the share part,and then puts forward the solution to the co-ownership.The countermeasure of the right to protect:Firstly,we should define the share part in a comprehensive way,so as to clarify the scope of the share part.Secondly,an integrated registration system for buildings should be established to register the exclusive part and the share part,so that the relevant personnel can know the ownership and changes of the share part.Thirdly,we should reform the operation process of homeowners committee,establish the residents committee personnel stationing mechanism,and assist the homeowners committee to effectively manage the share part of the community.
Keywords/Search Tags:Condominium Ownership, Co-ownership, Share Part
PDF Full Text Request
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