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A Legal Regulation That Distinguishes The Ownership Of The Common Parts Of All Buildings And The Attribution Of Income

Posted on:2022-04-15Degree:MasterType:Thesis
Country:ChinaCandidate:N D J SuoFull Text:PDF
GTID:2516306482472644Subject:Basic principles of Marxism
Abstract/Summary:PDF Full Text Request
The dispute of condominium ownership is one of the major disputes in civil judicial practice,which involves multiple rights and obligations of owners,property companies,developers and other subjects.It is an important issue related to infrastructure construction and people's livelihood.However,there are still deficiencies in the relevant provisions of the common part in the civil code of the People's Republic of China(hereinafter referred to as the civil code).The common part is generally recognized by the different owners in today's academic circles.According to the civil code,in our country,the owners have two basic rights for the common part: the right of joint ownership and the right of joint management.Of course,CO ownership and co management only aim at the common part of the building ownership,while the exclusive part is dealt with according to the rules of individual ownership.As we all know,CO ownership in China is divided into share based co ownership and common co ownership.There are also disputes between share based co ownership and common co ownership in the condominium ownership of buildings.The following will discuss this issue.This paper will discuss this problem through the following partsThe first part discusses the scope of the common parts,starting from the legal definition and the academic recognition,puts forward four types of classification models,and studies them through comparison and comparison.The second part is to explore the legal nature of the common part,that is,share by share and the possible consequences and weigh the pros and cons.In the third part,through the analysis of the special problems and combined with the actual case discussion.The fourth part is the conclusion,which summarizes the above contents,analyzes the existing problems and the current situation of legislation,and puts forward the solutions,in order to provide the corresponding solutions to the legal practice and practical problems in China,and to provide opinions on the improvement of the common part of the law in all buildings.We should not just consider the main problem,but ignore the elephant in the house.that was very important for us to know the whole situation,the big dilema we are facing.
Keywords/Search Tags:Condominium ownership, Common parts, Joint ownership
PDF Full Text Request
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