Research On The Legal Issues Of The Co-ownership Object Of The Differentiated Ownership Of Buildings

In 2009,the Supreme People's Court promulgated The interpretation of several issues about the application of law in the trial of cases of disputes over the division of ownership of buildings.This judicial interpretation is designed to solve some difficult problems and disputes of the application of law in the adjudication of Partitioned Ownership of buildings by local courts after the promulgation of the Property Law.Judicial interpretation,in Articles 3 to 7,unifies the understanding of many difficult issues at the judicial level as far as the determination of the common part that distinguishes all.For example,the common parts are defined by exclusion method,and the expressions of garage and parking space "should first meet the needs of the owners,and "occupy the parking space added by the common roads or other venues of owners" are further stipulated.In addition,the Property Management Regulations issued by the State Council and some local laws and regulations in succession,but also on the building division of all the relevant contents of the common part,further enriched our imderstanding of the nature and division of the common part.However,the contents covered by 13 articles in Chapter 6 of the Property Law are limited after all,and the legal provisions concerning the common parts are even two or three.Although the judicial interpretation of the Supreme Court has been improved,the judicial interpretation can not break through the limitations of the legal provisions after all,and these limited provisions and interpretations are obviously unable to be interpreted.In order to solve all kinds of difficult problems in real life,it is necessary to perfect and perfect the legislation on the related issues of the object of the common right of the condominium ownership of buildings,especially the controversial problems injudicial practice,which is the significance of this paper.This article is divided into four chapters:The first chapter expounds the basic theory of the object of common ownership of condominium ownership.Firstly,it briefly introduces the connotation and characteristics of the object of the common right;then,it focuses on the legal attributes of the object of the common right and the main viewpoints of the domestic and foreign academic circles;finally,it introduces the definition model of the object of the common right,and focuses on the detailed scope of the object of the common right in the legislation of various countries.Elaborate on it.The second chapter is about the analysis of the specific legal problems of parking lots.Focusing on the judicial cases,this paper studies the practical problems of parking spaces in residential areas,including the meaning,types,judicial cases,academic perspectives and so on.As for the ownership of the underground civil air defense garage,which is controversial in practice,the author puts forward the main viewpoint:based on the public function attribute of the garage,the garage should be recognized as state-owned,not as the ownership of developers or all owners,but based on the principle of Hwho invests,who benefits",the actual investment.A person may have the right to use,manage and benefit the garage of civil air defense according to law.The third chapter expounds the specific legal problems of community clubs.Focusing on the judicial trial cases,this paper studies the practical problems of community clubs,including the meaning,types,judicial trial cases,academic perspectives and so on.As for the ownership of community clubs,the author's main point of view is that because community clubs are for-profit places,the ownership of community clubs should be determined according to specific circumstances.For those clubs without legal construction procedures,they should be handled by administrative organs according to law,and for those clubs with legal construction procedures,the ownership of community clubs should be determined according to specific circumstances.According to the principle of "who invests,who owns,who benefits",the actual investor enjoys the right of ownership and income of the community club.The fourth chapter describes the specifie legal issues of advertising revenue in the community.Focusing on the judicial trial cases,this paper studies the practical problems of advertising revenue in the community,including the meaning,types,judicial trial cases and academic perspectives.As for the attribution of advertising revenue in a residential district,the author's main point of view is that if the advertising revenue in a residential district is generated by the common part,the profit should be owned by all the owners.If it is not generated by the common part of the owners,but by the exclusive part of the owners,the profit should be attributed to the corresponding right body.