Legal basis of escrow property

The legal basis is stipulated in Article 70 of the Property Law, which stipulates that the owner shall have the ownership of the exclusive parts of buildings such as business buildings, and the condominium of the * * * parts other than the exclusive parts. China's property law clearly stipulates the owners' differentiated ownership of buildings. Property law is a private law, and owner autonomy embodies private law autonomy. Owners' autonomy means that owners make management regulations and make relevant decisions through the owners' meeting to manage their own property and affairs.

It can be seen that the content of condominium ownership of buildings in China includes three aspects, namely exclusive ownership, * * right and * * * condominium (member) right. Exclusive right is the soul of individual ownership, and it is also the element that distinguishes individual ownership in the ownership structure. Its meaning refers to the right to distinguish the owner's free use, benefit and disposal of the exclusive part.

The exclusive part of the owner mainly refers to the independent space of the owner and the house with independent entrance and exit, which is legally expressed by the area registered by the property certificate. * * * right refers to the right of the owner of a building to possess, use and profit from the * * * part of the building in accordance with the provisions of laws or management regulations.

The object of the * * * right, that is, the * * * part, refers to the part that distinguishes all buildings except proprietary parts and appendages that do not belong to proprietary parts. * * * Some parts include both all * * * parts used by all differentiated owners and * * * parts used only by some differentiated owners.

Property management dispute handling mechanism

1. The two parties to the dispute reached an agreement through peaceful negotiations.

2. Both parties to the dispute reached an agreement through the intervention of a third party (mainly the local housing authority, neighborhood committee, subdistrict office or town government mediation agency).

3. The two parties to the dispute cannot reach an agreement through two ways, and the dispute can be resolved through arbitration and court proceedings.

There is a people's mediation system in China's civil code and civil procedure law. If one party does not agree to mediation, arbitration or judgment can only be conducted through arbitration or litigation. Arbitration is a one-bureau final review system, and judgments are a two-bureau final review system. After the legal documents come into effect, the winning party can apply to the local people's court for enforcement.