| This text is mainly discussing several more important law problems concerning the community in distinguished ownership for building, including the right property, right scope and the right exertion of the section in common, trying to arouse people's attention to the problems concerning the community in distinguished ownership for building. In order to further perfect legislation, and better settle the disputes caused by the section in common of building, which are becoming even more day by day, we have to seek the theory basis and the experience in practice. This text consists of three parts, the two previous parts laid particular emphasis on theoretically discussing, then based on the theoretically research before, and combining some cases in practice, the third part drew some conclusions on the subject.Set out from the social and historical background of creation of distinguished ownership for building, and combining the position and appearance of the community in the basic theories of the distinguished ownership for building, the first part analyse the main differentiation between the community in the distinguished ownership and the traditional community. Other more, commenced from analysis on the right source, and utilizing the company law theories, this part has got to in-depth analysis of the right property of the community in distinguished ownership for building. By combining space right theories, the second part thoroughly abandon the dispute on the material distinction between the section in common and the individual section within the educational circles .Not only defined the real object distinction of two sections, but applied the social function theory on ownership ,this part studied the relationship between the two sections, and put forward an opposite point of view to that from educational circles .The third parts introduced some typical cases in practice and analyse three main law problems about the right exercise in real life, including the use for the section in common, the responsibility for harm , and the confuse between the dispute on the community relationship and that on the neighbour relationship. Based on the theories researched in the fore parts, the author posed many principles and suggestions for solving those problems at last.There are two innovations in this text: One is having applied the theories of company law to explain the relations among the owners of different sections of building, and their rights and obligations, with the purpose to define the property of distinguished ownership for building, the other is having reviewed the distinction and the relation between the section in common and the individual section of building, with a macroscopical angle of view. Meanwhile, in order to define the boundary between the two parts of building, the author combined the concept of "shell" with theories of space right, and then provided instruction to settle the confuse between the dispute on community relationship and that on neighbour relationship. As for the relation between the section in common and the individual section of building ,the author put forward the standpoint that the right of common is magistral after having turned over the opinion of the people in lawmaking and educational circles, whom stand the point of view that the right of individual is magistral. |
