The Study Of Contents Of Common Ownership In Partitioned Ownership Of Building Areas

With the rapid development of Chinese economy, the scale of cities expands unceasingly. The trend of urban residential buildings gradually develops into high-rise buildings. Partitioned ownership of building areas becomes the universal form of ownership in urban real estate field. It was the first time to define partitioned ownership of building areas in the specific chapter until the release of Real Right Law in 2007. Since the complexity of partitioned ownership of building areas, especially the common parts in partitioned ownership of building areas, a lot of conflicts arise. Until now, there is no Partitioned Ownership of Building Areas Law in our country. The regulations of partitioned ownership of building areas are also too general, so we don't have enough legal support when facing these kinds of disputes. Therefore, it is necessary to have a detailed study of the contents of common ownership in partitioned ownership of building areas. The thesis uses the contents of common ownership in partitioned ownership of building areas as research object. The whole article involves four parts:The first part is the part of legal theory analysis. The contents of the first part are mainly about the definition of common ownership in partitioned ownership of building areas. From the point of fundamental research, this part firstly introduces partitioned ownership of building areas. Based on this, it introduces the definition of common ownership in partitioned ownership of building areas. Then the article introduces several major doctrines about the nature of common ownership in partitioned ownership of building areas. On the basis of this introduction, the article points out the nature of common ownership in partitioned ownership of building areas. Finally, the article points out some characteristics of common ownership in partitioned ownership of building areas by contrasting with general common ownership.The second part is about the contents of common ownership in partitioned ownership of building areas, that is, the rights and obligations of common owners. From the points of rights, this article introduces utilizing right, rights of seeking profits and management rights of the common parts for common owners. From the points of obligations, this article introduces the obligations of utilizing common parts according to its original purpose by common owners, allocating expenses of common parts, maintaining and preserving common parts and making compensation for the losses resulted from common parts. The obligations should comply by special rules when enjoying rights and fulfilling obligations due to special nature of common parts, which are also the differences with appropriators in proprietary ownership in partitioned ownership of building areas .The third part states the current laws about common ownership in partitioned ownership of building areas in our country. Firstly, it introduces and evaluates the laws that regulate the contents of common ownership in partitioned ownership of building areas. Based on the drawbacks of the current legislation, the article puts forward some suggestions. They are: establishing the system of monopolistic utilization right of common parts, establishing the system of public easement, establishing the system of right to require utilizing other owner's exclusive parts, establishing the system of foundation utilizing right for common parts and perfecting the ways of losses undertaking of common parts, etc.The fourth part analyzes and advances the relevant countermeasures to the practical problems in common ownership in partitioned ownership of building areas. These problems are as follows: the problem of utilization of platform of top storey, the ownership of the parking places and garages within the building area and the problem of the ownership of the grassland in neighborhood, etc.