The Analysis Of Ownership Ascription Of Modern Real Estate In P.R.C

With the development of economy and the advance of society, the urbanization process is accelerating in our country, there are a lot of high buildings rising everywhere, more and more disputes of ownership ascription of real estate come into being among the owners. About this, I think there are two reasons: most of participatants haven't legal conceptions and thinkings is one , the other is scarce of the related legal provisions in our current laws and regulations to be followed, so understanding and regulating the ownership ascription of real estate accurately is not only benefit of solving the problems in real life, but also benefit of keeping social stability. Basing on the fundamental condominium theory, this thesis mainly analyzes the ownership ascription of the building and the use right of land. It is made up of four chapters. At first, the thesis introduces the fundamental theory of condominium and establishes bases for the following parts, the chapter includes signification ,conception, the quality and characteristic of condominium. In the second part, it has analyzed the contents of ownership ascription for the exclusive part and the relationship with other exclusive parts, and demonstrates the rights and obligations of the owner of the exclusive part. The third part has demonstrated the co-ownership ascription and the arising relationship. The author points out its scope, classification, quality and portion standard. and then makes analysis of several kinds of typical cases on the legal ascription of the shared parts and fixtures in our real life. Finally it analyzes the ascription of the use right of the land. The author, explains its conception, classification, the relationship between the building and the base, Points out the legal characteristics and its disadvantages in our country, And expounds the importance and urgency of ownership ascription. With drafting and promulgating of The Law of Things and The Civil Law, the ownership ascription should be better known and applied. As long as we recognize the ownership ascription is the most important portion in real estate , we can straighten out the relationship and protect the owners'interests effectively.