Study On Construction's Joint Tenancy Differentiating Property

Differentiated property of construction is an important property part of property law. However, current legislation is lack of relevant provision. There are still lots of pretermission in the PRC Property Law (draft) although it has been modified for 5 times. As the most complicated element in establishing legal system of differentiated property of construction, joint tenancy differentiating property is the soul of the whole system. Therefore, this paper selects joint tenancy as the research object and discusses relevant legal issues about joint tenancy by analysis on the fifth version of the PRC Property Law (draft).This paper consists of three chapters besides the foreword and conclusion.Chapter 1 studies on object of the joint tenancy that is the mutual part. Section 1 educes conception of the mutual part and proposes author's opinion on the scope of mutual part based on analysis on relevant international legislations and theories. Section 2 expatiates and makes comment on the nature, subject and object of the mutual part separately. Section 3 discusses the legal status of the mutual part and analyzes its dependency and indivisibility through case study and analysis of the fifth version of PRC Property Law (draft).Chapter 2 studies on the joint tenancy. Section 1 discusses the conception, category, status and characteristic of the joint tenancy with emphasizing on the difference between joint tenancy differentiating properties and joint tenancy in common. Section 2 analyzes several theories on nature of the joint tenancy and educes author's opinion especially different nature of joint tenancy under four circumstances.Section 3 discusses the content of joint tenancy in detail and proposes author's opinion on right, obligation and liability of part owners based on analysis on the fifth version of the PRC Property Law (draft). Chapter 3 studies on the exclusive usufruct of the mutual part. Section 1 discusses exclusive usufruct and its nature, proposes the author's idea based on analysis on current three theories about nature of exclusive usufruct. Section 2 dissertates the subject and object of the exclusive usufruct. Section 3 emphasizes on entitlement and termination of exclusive usufruct,especially three modes of entitlement of the exclusive usufruct, based on which provides author's opinion.Section 4 analyses legislation on registration of exclusive usufruct in different countries and proposes author's opinion with considering Chinese status in quo. Section 5 makes case study on exclusive usufruct with example of parking space. The author proposes his opinion on ownership and use of parking space through analysis on relevant international legislations and consideration of Chinese status in quo and the fifth version of the PRC Property Law (draft).