Study On The Common Right System In Condominium Ownership

In 2007, the condominium ownership system (COS) has been established formally in Real Right Law as an important system in the field of civil law in China. Although the COS has been clearly stipulated in Real Law, there are still several shortcomings in practice, especially for the common ownership in COS. Real Right Law is too limited in dealing with the disputes caused by the common ownership in the condominium ownership. Therefore, an in-depth study in the common ownership in COS has both theoretical and practical values.The thesis has five parts which begins with some introductions to all kinds of theories related with the common ownership in COS and making comparison with them. In addition a research on the object and category of the common ownership, along with its acquirement and performance is to be conducted. Finally, based on practice, the thesis analyzes the existent problems and put forward some suggestions on legislation in order to perfecting the common ownership.Chapter 1 deals with the legal nature of the common ownership in. COS. It discusses its meaning and clarifies the point that condominium co-ownership is the nature of common right in making a comparative study of all kinds of related theories.Chapter 2 is to analyze the object of the common ownership in COS. This chapter conducts a comparative study of the legislation of object of common right in foreign countries and our country. It also expounds the category of the object and clarifies the author’s personal point.Chapter 3 analyzes the acquirement and performance of the common right in COS. In this chapter, the ways of the acquisition and public notification of the common right in COS are discussed. It also researches on its principle of exercise and its mode.In Chapter 4, several unsolved problems existing in the common right system in COS are discussed. It analyzes the unsolved problems existing in common right related with greenland in residential district, parking spot, garage and kindergarten and put forward some personal views.In chapter 5, the author deliberates the ways in perfecting the common right in COS. The necessity of perfecting the common right in COS are discussed. According to analysis and exposition as above, the thesis analyzes the existent problems and puts forward several suggestions.