A Study On Owners' Equity Interests

Partitioned Ownership of Building Areas is considered as one of the most significant right in real estate throughout the world from modern era, which is mostly stipulated in Property Law or in Special Law. In the light of legislations and practices relating to the common interest ownership of different countries, Partitioned Ownership of Building Areas is defined as a compound right, composed of exclusive part ownership and common part ownership.(Real Right Law of the People s Republic of China) was adopted at the5th session of the Tenth National People s Congress on March16,2007and entered into force on October1,2007. The Real Right Law dedicated one chapter to differentiate these two kind of ownerships and regulated the subject of the right and the way of execution. However, along with the rapid development of the real estate market and the enhancement of awareness of the civil rights, the rights of property owners focused more and more on to the common interest instead of personal interest. In judicial practice, the disputes referring to the common interest ownership is on the upgrade and it presents a variety of features, not only dispute against common interest ownership and common interest ownership against exclusive part ownership, but also common interest ownership against a third party’s right. There are many problems and different approaches existing in the current judicial practice, which involves the methodologies of defining common interest ownership and exclusive part ownership and the methodologies of governing the settlement of disputes. Therefore, there is a need to do some studies and analysis on the theory and practice with regard to the common interest ownership and exclusive part ownership.Part I:Definition of’Partitioned Ownership of Building Areas’, discussing about the concept, the nature, the detailed content and the different rules of countries.Part II:"Study on Common Interest Ownership", elaborating on the object, the feature, the nature, the classification and the form of performance. Part III:"The system of Common Interest Ownership in China", regarding the outstanding problems in China’s current judicial practice, analyze the status of current Common Interest Ownership in China. To achieve the maximization of common interests ownership and to regulate the scope of the right, trying to work out a way when common interest ownership V.S exclusive part ownership.