The Research Of Common Ownership Of Unit Owner

Common ownership of unit owner is different from definition of common ownership in traditional civil law, it's some rights and obligations of the common parts entitled to unit owner based on the exclusive part. The study about common ownership of unit owner before was often based on the common parts in Condominium legal system, seldom involves the research of the residential area and the use right of state land. Of our country residential house situation of development at present, there is a very realistic significance to define and divide the ownership of the common parts of unit owner at the range of the whole residential area. The common ownership of unit owner is one of essential right of the rights belonging to owner. The previous research on the common ownership concentrates on the right to exclusive use. However, the definition of the common ownership and the lack of the legal regulation, which make the residents'right unable to realize, have become the present issues. This paper bases on the theory of the condominium ownership, makes the common ownership as the research fundamental point, clarifies the nature of the common ownership at the different ranges, such as the residential building and the residential area, and analyses the acquirement and the performance of the common ownership of unit owner. The common ownership of unit owner means the owner enjoying the rights and assuming the obligations to the common parts of the whole residential area, it includes the common ownership rights with the building alone and the common ownership rights with the residential area altogether. The objects of partitioned ownership naturally is divides two parts :the common parts in the building and the common parts out of the building. The differences between them and their own characters make the two running two different value orientations .The two are entrusted different legal attributions. All these make the common ownership in residential area clearer. Under the visual angle of the whole residential area, the solution that the common parts are based on the use right of state land can solve the problems that the traditional condominium system have difficulties to solve. Such as housetop ,green land, parking area, owner's associations etc. Seeing that Real Right Law of the People's Republic of China was just issued and implied, the author gives several propositions to protect the common ownership of unit owner. This paper applies the positive method and the legal economics as the main research method, applies the property theory and contends that the externality and the transaction cost are the main obstacles of the realization of the owner's rights.