| Divided building ownership is a real estate ownership law system developed in the modern society. It is a combined right with ownership on special parts and co-ownership on share parts of a building. This thesis studies a number of issues on the subject. By comparing and analyzing relevant points of view, legislations of different countries, and by linking these with the real situations in our country, new points of view are formed and proposals for the country's legislation are put forward.Excluding the preface and the conclusion, the thesis contains four parts to discuss different issues from different angles.The first part is about the general introduction of the divided building ownership, including the history of the law system, the names, the definition, the characteristics, etc. The focus of this part is the definition of the divided building ownership. By analyzing the prevalent"two-factor theory"and"three factor theory", the thesis points out that the membership right is in subordinate and auxiliary position in the divided building ownership law system, and concludes to adopt the"two-factor theory", i.e. the divided building ownership includes two factors of ownership on special parts and co-ownership on share parts. Also in this part, the question of whether one person can have all the divided building ownerships in one building is discussed and the thesis gives a positive answer.The second part deals with the object of a divided building ownership, the special parts and the share parts. On the special parts, the thesis denies the prevalent"space theory", and points out that the special parts are composed of the building structure parts like walls, floors, ceilings, pillars, etc. Based on this understanding, the thesis goes forward to points out that the petitions serve double functions– special parts and share parts. And the scope of the special parts goes to the centre of the petitions. But any disposal within the central line should be reasonable and no harm to the building and to the petition itself. Share parts should be used for their purposes and in the proper way. In some cases, with the agreement of all co-owners, special parts which are not essential to the co-owners, can be set for exclusive use for an individual. The thesis also discusses in this part the application of share parts theory in the apartment zones situation and the calculation of owners'right and obligation to the share parts. These two issues are practically important in real life.In the third part of the thesis, the management of divided building is discussed. In the management of divided buildings, the management organization and management regulations play an important role. But our country's legislations in these matters are insufficient and lack of workability. By learning from other legislations, the thesis puts forward proposals to cope with the lack of workability in the county's legislation on the establishment of management organization. On the matter of management regulations, the current legislations are mostly not properly carried out in practice. In view of the fact that many disputes concerning divided building ownership can be avoided by way of management regulations, the thesis proposed the perfection of legislations in this matter.The forth part probes into the current major issues arisen from the divided ownership in our country. The thesis mainly discusses the issues of car park site ownership and the setting of share parts for individual uses. It studies the causes of disputes and puts forward solutions by linking the matter with relevant theories and the country's real situations.The conclusion part summarize the basic points of view and the practical significance of the studies in this thesis. |
