Research On Joint Ownership Of Public Right Of Condominiums

As an important ownership form of real estate in modern civil law, the public right of condominiums has been widely established in civil legislation in various countries in the world, and has become the most important legal rule for distinguishing the public right of condominiums in modern society as well. The public right of condominiums is composed of exclusive ownership, joint ownership and member ownership, of which the joint ownership is the common soul as well as an indispensable part in the compound right of condominiums. However, as of this date, the establishment of a really complete set of rules for the public right of condominiums has not yet been witnessed, let alone the rules for joint ownership. This thesis tries to analyze relative problems on joint ownership one by one through the public right of condominiums, and expresses the author's point of view on perfecting and establishing the joint ownership. This thesis has five chapters excluding preface and conclusion.Chapter One Overview on public right of condominiums .This chapter analyses the formation and development of the public right of condominiums, and elaborates on the concept, legal characters, and classifications of the right, etc.Chapter Two Overview on joint ownership .This chapter mainly elaborates on the concept, nature, legal characters of joint ownership, which, as a compound right, differs itself from ordinary joint ownership.Chapter Three Subject and object of the public right of condominiums. The definition of a range of the joint ownership is major content for establishing rules for the public right of condominiums. This chapter briefly analyses the subject of the public right of condominiums, and after which it elaborates on the object of the right in detail, that is, the range, legal status, and classification of joint ownership.Chapter Four Content of the public right of condominiums. This chapter mainly elaborates on the rights and duties given to owners who share common rights, the principles and limitations of executing common rights, and the legal liabilities for joint owners as well.Chapter Five Construction of China's public right of condominiums. This chapter analyses the necessity of establishing the public right of condominiums, statusof relative legislation and major problems existing. Meanwhile, it also elaborates on the author's supposition and suggestion of establishing the public right of condominiums in China in terms of joint ownership.