Distinguish All The Common Parts Of The Building And Related Legal Research

This dissertation focuses on discussion common parts of buildings and related issues from the perspective of law. It consists of three sections, that is, preface, elaboration of common parts of buildings and two related issues.Preface In this section, the author first dates back the separated ownership of buildings. Then, three kinds of opinions are analyzed and compared. The discussion of this paper is based on "three element theory", namely, separated ownership consists of exclusive ownership, joint ownership and member ownership. Hereafter, the author makes a reach into the object of joint ownership-common parts in that it differs from ordinary res communes and it is much disputed in judicial practice.Elaboration of common parts of buildings. In combination with the Proposed Draft of China's Jus Rerem, the author analyses the following issues: first, the separation between common parts and exclusive parts. As to compositional elements of exclusive parts, the author argue that they should comprise factors of independence on structure, use and form. Then, the author analyzes the difference between common parts and joint parts. Second, the category of common parts. Common parts can be grouped into legal ones and agreed ones, common ones in whole and in part in accordance with different criterion. Third, legal relationship of common parts, specifically, the legal nature and legal characteristics. Regarding the former, the author holds that whether parts are owned in whole or in share should rely on structures of buildings. Regarding the latter, the author emphasizes two-fold attribute and subordination. Fourth, brief account of use and management. Fifth, analysis of registration of common parts.Two related issues-exclusive right of use and parking room. The author analyzes object, acquisition, nature, validity, variation and removal of exclusive right of use. As for the objects, the author believes they should be limited in scope. As for the acquisition, the author introduced three methods. As for the nature, the paper supports Exploit of Res Communes Theory. As for validity, the author discuses from validity among separated owners and between transfers and transfees.Parking room is hard to determine between exclusive parts and common parts. It should be decided in conformity with forms. In combination with local acts, such as Shanghai, Peking and Shenzhen in past two years, the author makes respective statement. By comprehensive analysis, the author holds that parking room should be grouped into parking room on common parts and parking room on exclusive parts.