On The Contiguous Rights Of Condominium Ownership

Although there is no concept of condominium ownership, but with the development of city accelerates and the housing commodity reformation deepened, now the fact is there are more and more condominium ownership in our country. Disputes increase sharply among condominium owners. We can only find the principle on contiguous right in civil law. In elisor practice, judgers have nothing to rely on but the principle of right of neighbors in solving the disputes among condominium owners. The lag of legislative makes it difficult to settle the disputes of contiguous right effectively. In the text, the author analyses the constitution of hamper to contiguous right and its liabilities. This article put forward suggestions to make law on contiguous right perfectly. There are four section in this article except the forward.The first part is the base of this article. Firstly, the author set forth the law meaning of modern times "contiguous" on the basic of having given definition to condominium ownership. After analyzed the source of contiguous right , this article bring it forward that habitude of contiguous right is the almsgiving request based on condominiun ownership. Secondly, this article compares contiguous rights with the similar concepts.In the second part, this article classify contiguous relationship on the base of having analyzed the precondition of contiguous right occurs , and point out that content of contiguous right includes the right of contiguous use and together interest maintenance, moreover , set forth the four specialties that condominium relationship owned.In the third section, this article analyzed the essence of harm, after that the author put forward the construction of harm to contiguous right and point out its liability form mainly is almsgiving type, and analyzed almsgiving way both in law and stipulations of an agreement. Can be redressed by stipulations is not only the speciality of contiguous right, but also its developing trend. In stipulations of an agreement there are three aspects about advantages and disadvantages among condominium owners: First, the use of establishment in the building; Second, the obligations to tell other condominium owners when ones condominium will be put to special use; Third, the punishment measures when one offends the stipulations ,and compensate for the loss aroused by both the use and restrict by neighbors .In the last part, this article discusses the shortage on contiguous right in civil law and problems exit in elisor practice, put forward the three suggestions in order to make law about contiguous right perfectly on using for references of other countries both on theory and in practice.