Research On The Owner’s Co-ownership And Its Exercise In The Planning Change Of Residential District

With the development of society,the problem of people’s living in China has become prominent.High rise buildings have undoubtedly improved the living conditions and living conditions of residents to the greatest extent in the limited space,but they also make multiple owners coexist in a building,which greatly increases the number of property rights subjects involved in the change of community planning.The owner’s ownership of the house is the compound ownership under the differentiated ownership of the building.In the current legislative system of our country,the differentiated ownership system of the building is the institutional basis for adjusting the legal relationship between the exclusive part and the common part of the owner.However,due to the late start of its theoretical research in China,especially the lack of profound research on the owner’s co ownership,there is a certain lag in the adjustment of real social relations,which leads to a large number of CO ownership disputes in practice,especially the disputes over garages,parking spaces and the addition of elevators,which have grown rapidly in recent years due to the change of community planning.Based on the latest provisions of the civil code on CO ownership,from the perspective of comparative law,combined with classic cases in judicial practice,this thesis focuses on analyzing the prominent contradictions in the application of the current co ownership theory,such as parking spaces and the addition of elevators,and specifically analyzes the causes of its application difficulties.By summarizing the results of its theoretical development and practical exploration,this thesis puts forward reasonable suggestions to improve the co ownership theory.The full text is divided into four parts:The first part expounds the basic theory of the common ownership theory in the community planning change of building condominium ownership,including the meaning,characteristics and the object scope of the current law.The second part mainly discusses the current situation of judicial regulation of parking spaces in China.Combined with the current legal provisions,judicial interpretation and the basis of court judgment,it analyzes the reasons for the frequent occurrence of parking space disputes in China’s practice.On the basis of clarifying its nature,it puts forward the identification regulation that can be sold as the node to determine the ownership of parking spaces.The third part mainly analyzes the typical cases of adding elevators,and obtains the main practical and legal problems existing in the addition of elevators in China’s community planning changes.Through the comparative law research,it is considered that China can effectively balance the interests of various subjects by referring to the theories of the use restrictions of foreign common parts,the obligation of compensation for damages between owners,and the adjustment of rights and interests when changing the common parts and the agreed common parts,So that such disputes can be resolved fairly and effectively.The fourth part,according to the causes of CO-ownership disputes analyzed above,through summarizing the above research,puts forward that we should clearly define the co ownership part,lay the theoretical foundation of owner autonomy,clarify the status of the owner committee,give full play to its functions,and connect all owners with the use of special maintenance funds to cultivate their common consciousness,so as to promote the process of democratic autonomous communities in our country.