The Study On The Tort Liability Of Partitioned Ownership Of Building

We promulgated the Property Law of the People's Republic of China in 2007, and this is the first time in the form of a chapter on "Condominium ownership",which has the milestone meaning in the rule generation Process of condomi nium. But only 14 legislative provisions inevitably linked to less leakage in front of conflict of interest. Plus the existence of Neighboring rights on Condominium and the imperfections of the existing law make condominium disputes more complex. Although we promulgated the Tort Law of the People's Republic of China in 2009,Whether the Tort Law regulates the behavior against the condominium ownership,is still a question. In this paper,the methods of comparison and legal interpretation are used.This text is divided into four parts:The first part is the summary of condominium ownership. First of all,this section defines the subject of condominium ownership-"owner", and then introduces the legislative process, main content of condominium ownership,and the differences between condominium ownership and normal ownership.finally,the legal relationships in condominium ownership are revealed.The second part is the main causes of infringement on condominium ownership. Based on the analysis of typical cases,this section mainly explains the existence of Neighboring rights and the shortcomings of the existing law.The third part is the tort liability system about condominium ownership's three elements,which is the body of the article. It also starts with cases,then discusses rights and obligations of owners,who act as three roles.At last,the consequence of the abuse of rights and the violation of responsibilities are analyzed.The fourth part is about advices of protecting owners'condominium ownership. It includes two aspects:First,we can improve the legal provisions; Second,we can make full use of roles of private relief and public relief,thus owners' rights will be better achieved.