Judicial interpretation of real right compilation of civil code

What are the judicial interpretations of the property law?

There are two judicial interpretations of the Property Law: 1, Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership of Buildings, and Interpretation on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Property Services.

The Supreme People's Court's Interpretation of Several Issues Concerning the Specific Application of Law in the Trial of Housing Ownership Disputes

Rule number one A person who has registered according to law or obtained the ownership of the exclusive part of a building in accordance with the provisions of Section 3 of Chapter 2 of the Property Law shall be recognized as the owner referred to in Chapter 6 of the Property Law.

Based on the civil legal act of buying and selling commercial housing with the construction unit, a person who legally occupies the exclusive part of the building but fails to register the ownership according to law can be identified as the owner referred to in Chapter VI of the Property Law.

Rule number two Specific spaces such as houses, parking spaces and booths that meet the following conditions within a building division shall be recognized as the exclusive parts mentioned in Chapter VI of the Property Law:

(1) is structurally independent and can be clearly distinguished;

(two) independent use, can be used exclusively;

(three) can be registered as a specific owner of the ownership object.

The terrace that belongs to a specific house in the planning and has been included in the specific house sales contract as planned when the construction unit sells it shall be recognized as an integral part of the exclusive part mentioned in Chapter VI of the Property Law.

The house mentioned in the first paragraph of this article includes the whole building.

Rule three. In addition to the * * * part stipulated by laws and administrative regulations, the following parts within the building division shall also be recognized as the * * * part mentioned in Chapter VI of the Property Law:

(1) Basic structural parts such as the foundation, load-bearing structure, external wall and roof of the building, public transportation parts such as passages, stairs and hallways, auxiliary facilities and equipment such as fire fighting and public lighting, structural parts such as refuge floor, equipment floor and computer room;

(two) other places and facilities that do not belong to the exclusive part of the owner, nor to the municipal public parts or other rights holders.

The land within the building division shall be entitled by the owner to the right to use the construction land according to law, except the land occupied by the whole building owned by the owner or the land occupied by urban roads and green spaces.

Article 4? Based on the reasonable needs of the specific use functions of proprietary parts such as residential buildings and business buildings, the owner's free use of the roof and external walls corresponding to its proprietary parts should not be considered as infringement. However, those who violate laws, regulations and management regulations and harm the legitimate rights and interests of others are excluded.

Article 5? If the construction unit disposes the parking spaces and garages to the owners in proportion by selling, giving away or renting, it shall determine that its behavior conforms to the provisions of Article 74, paragraph 1, of the Property Law that "the needs of the owners should be met first".

The allocation ratio mentioned in the preceding paragraph refers to the proportion of parking spaces, garages and housing units planned for parking cars within the planned building division.

Article 6? In addition to the parking spaces planned for parking cars within the building zoning, the parking spaces added by the owners on roads or other venues shall be recognized as the parking spaces mentioned in the third paragraph of Article 74 of the Property Law.

Article 7? Changing some uses of * * *, using part of * * * to engage in business activities, and disposing of part of * * *, which should be decided by the owner or the management statute according to law, shall be deemed as "other major matters" related to the management right of * * * as stipulated in Item (7) of Paragraph 1 of Article 76 of the Property Law.

Article 8? The exclusive part area and total construction area specified in the second paragraph of Article 76 and Article 80 of the Property Law can be determined according to the following methods:

(a) the exclusive area is calculated according to the area recorded in the real estate register; If the property right registration has not been carried out, it shall be temporarily calculated according to the measured area of surveying and mapping institutions; Not yet measured, temporarily calculated according to the area recorded in the housing sales contract;

(2) The total construction area is calculated according to the statistical sum mentioned in the preceding paragraph.

Article 9? The number of owners and the total number stipulated in the second paragraph of Article 76 of the Property Law can be determined by the following methods:

(a) the number of owners, according to the number of proprietary parts, a proprietary part is calculated by one person. However, if the same buyer owns more than one exclusive part of the part that has not been sold by the construction unit and has been sold but not delivered, it shall be counted as one person;

(2) The total number of people is calculated according to the statistical sum mentioned in the preceding paragraph.

Article 10? In accordance with the provisions of Article 77 of the Property Law, if a residential building is changed into a business building without the consent of an interested party, and the interested party requests to remove the obstruction, eliminate the danger, restore the original state or compensate for the losses, the people's court shall support it.

The people's court will not support the most interested owners who agree to change their houses into business premises for defense.

Article 11? If an owner changes his residence into a business house, he shall identify other owners in the building as "interested owners" as mentioned in Article 77 of the Property Law. In the division of buildings, if the owners outside the building claim to be interested in themselves, they should prove that their house value and quality of life have been or may be adversely affected.

Article 12? If an owner requests the people's court to cancel the decision made by the owners' congress or the owners' committee on the grounds that it infringes upon his lawful rights and interests or violates the procedures prescribed by law, he shall exercise it within one year from the date when he knows or should know that the owners' congress or the owners' committee made the decision.

Article 13 The people's court shall support the owner's request for disclosure and access to the following information and materials that should be disclosed to the owner:

(a) the raising and use of the building and its ancillary facilities maintenance fund;

(2) Management regulations, rules of procedure of owners' congress, decisions of owners' congress or owners' committee and minutes of meetings;

(three) the use and income of the * * * part in the property service contract;

(four) the allocation of parking spaces and garages planned for parking cars within the building division;

(five) other information and materials that should be disclosed to the owners.

Article 14 If a construction unit or other actor arbitrarily occupies or disposes of the owner's part, changes its use function or engages in business activities, and the obligee requests to remove the obstruction, restore the original state, confirm that the punishment is invalid or compensate for the losses, the people's court shall support it.

If the right holder requests the actor to use the proceeds after deducting reasonable expenses to supplement the special maintenance funds or other purposes decided by the owner for the unauthorized business activities specified in the preceding paragraph, the people's court shall support it. The actor bears the burden of proof for the cost expenditure and its rationality.

Article 15 If an owner or other actor violates laws, regulations, relevant national mandatory standards and management regulations, or violates the decisions made by the owners' assembly and the owners' committee according to law, and commits any of the following acts, it can be regarded as other "acts that harm the legitimate rights and interests of others" as mentioned in the second paragraph of Article 83 of the Property Law:

(a) damage to the load-bearing structure of the building, damage or illegal use of electricity, gas, fire control facilities, placing dangerous and radioactive substances in the building, endangering the safety of the building or hindering the normal use of the building;

(two) in violation of the provisions of the destruction, change the shape, color and other damage to the appearance of the building;

(three) in violation of the provisions of the house decoration;

(four) illegal construction, renovation, occupation, excavation of public roads, roads, venues or other * * * parts.

Article 16 Disputes over condominium ownership of buildings involving tenants, borrowers and other property users of exclusive parts shall be handled with reference to this Interpretation.

Tenants, borrowers and other property users of the exclusive part shall enjoy corresponding rights and undertake corresponding obligations according to laws, regulations, management regulations, decisions made by the owners' assembly or owners' committee according to law and agreements with the owners.

Article 17? The term "construction unit" as mentioned in this interpretation includes the underwriting unit that sells the unsold real estate in its own name after the expiration of the underwriting period and at the underwriting price agreed in the underwriting contract.

Article 18? When a people's court tries a case of condominium ownership of a building, which involves disputes over the ownership of property rights, it shall be based on laws and administrative regulations.

Article 19 This Interpretation shall come into force as of June 2009 10.

This interpretation shall apply to cases of disputes over condominium ownership of buildings caused by acts implemented after the implementation of the Property Law.

This interpretation does not apply to cases that have been finalized before the implementation of this interpretation, and if the parties apply for retrial after the implementation of this interpretation or decide to retry in accordance with the trial supervision procedures.