The Study On The Member Ownership Of Partitioned Ownership Of Building

As one of the Partitioned Ownership of Building's inscapes, the MemberOwnership is the rights and obligations that the owners of the Partitioned buildinghave as a member of the administration organization because of the impartibility of thebuilding's exclusive parts and common parts, which is the creature of renovation andimprovement of the theory of the Partitioned Ownership of Building. Although mostof jurisprudents identify with the Three Component Theory and some countriesconfirm it with legislation, the character of the member ownership still has disputesand its exertion still has gaps on the theory and the legislation.This paper is divided into four parts to analyze relevant content of the MemberOwnership.The first part introduces the theory of Partitioned Ownership of Building, andconcludes the author's standpoint that Three Component Theory is reasonable; On thisbasis, the author defines the character and stamp of the Member Ownership, and getsone conclusion that the Member Ownership is one kind of unattached right just likethe Exclusive Division Ownership,the Common Ownership; In the end, it introducesour country's legislation history of the Member Ownership, hoping to provide somesuggestions to our country's legislation on Law of Partitioned Ownership of Building.The second part analyzes the inscapes of the Member Ownership. Firstly, Aiming at the ambiguity of the subject of the Member Ownership, the author differentiateswith the owner and the user of partitioned buildings, and concludes that only the ownercan become the subject of the Member Ownership; Secondly, on the basis of analyzingthe object of the Exclusive Division Ownership,the Common Ownership, the authorgets the summing-up that the object of the Member Ownership is common propertyand common affairs. At last, it explains the rights and obligations that the owners ofpartitioned buildings have.The third part is the emphases. The Member Ownership relates to the owner'srights and obligations,the formation of the excellent community's order,the usage andrepair of a building or any of its affiliated facilities, which is closely linked with theowner's interest, so the exertion of this rights becomes crucial. But now our country'sstipulations on the manner and the principle of the exertion of this right are not verycanonical, so the author puts forward the point and analyze the character and theeffect of the management rule.The fourth part is some suggestions to our country's legislation on Law ofPartitioned Ownership of Building. The Real Right Law of our country legallyconfirms the system of Partitioned Ownership of Building, which makes us have legalsupport, but the stipulations about this system is too curtail, only fourteen rules in thesixth chapter is too hard to resolve the complicated contradiction arising from thepartitioned buildings. The author brings forward the plan to constitute one single-linethe Law of Partitioned Ownership of Building on the base of other countries'advanced experience, hoping to react on our country's legislation and on thesettlement of the trouble about the partitioned buildings.