On The Protection Of The Common Right To Distinguish Ownership Of Buildings

For modern buildings,the common ownership is its common soul.Without the co-ownership of the building,the exclusive rights of the owners of the residential area can not be fully realized.But for a long time,the co-ownership in the z ONAL building ownership has not been properly protected.In the process of judicial practice,it is not uncommon to see the cases of the owner’s common right being infringed due to the infringement of the building’s differentiated ownership or the unknown scope of the object of the building’s differentiated ownership.In social life,the community owners’ common rights are restricted and infringed by developers,property service enterprises and other subjects almost become regular events.The civil code of the People’s Republic of China(hereinafter referred to as the "civil code")in the face of social public concern,in the process of legislation of building differentiation ownership,the legal system of the Chinese communist party has the right to be a major legislation in the revised owner jointly determine voting rules,on the basis of clear distinguish all the building repair fund use special procedures,strengthened to the legal regulating of the realty service enterprise and the manager.However,after the promulgation of the Civil Code,there are still no legislative responses and solutions on such issues as building repair and reconstruction,supervision and regulation of residential property service enterprises,and definition of object scope of common right.Because of this,this article based on the practice of the communist party of China shall have the right to the aggrieved type of building differentiation ownership,ownership of the building of the legal concept,legal attribute,right subject,analyzes the legislative level to residential owners insufficient legislation of the Chinese communist party has the right to protection of building differentiation ownership,and puts forward the legislative Suggestions.Specifically,it is divided into the following five parts:The first part mainly introduces the research origin of the topic,analyzes and discusses the theoretical and practical research significance of the topic,and discusses the research status of the topic at home and abroad.The second part mainly introduces and analyzes the basic theory of the system of the co-ownership of buildings,clarifies the owner as the subject of the building co-ownership,and discusses the rationality of using the theory of the wall heart and the theory of the final surface painting as the standard to define and distinguish the co-part scope of all buildings.At the same time,aiming at the legal nature of the co-ownership of buildings,this paper puts forward that the legal nature of the co-ownership of buildings should be considered as a new type of co-ownership based on the analysis of the general theory,common theory and co-ownership theory formed in the current academic field.In the end,the article briefly discusses and analyzes the content of the ownership of buildings.The third part,mainly from the practice in the field of owner by ownership types,analyzes the problems of the communist party of China shall have the right to protection of building differentiation ownership,proposed under the condition of unknown object ownership premise disorder of relationship between developers and owners of the community,to distinguish the lack of protection the right of all members,the Chinese communist party has the right to exercise the mechanism configuration of building differentiation ownership inadequate legal problems.The fourth part,according to the above analysis of the types of the right to the infringement of the differentiated ownership of the building,analyzes the underlying legislative problems,including the lack of effective coordination between the developer and the owner,the lack of legal protection of the management statute,the lack of legislative protection of the joint ownership exercise mechanism and other issuesThe fifth part,aiming at the problems raised above,gives the targeted response,and puts forward the relevant legislative solution Suggestions.