Thesis (LLD (Private Law))--Stellenbosch University, 2008. / The objective of this study is to examine the significance of introducing and
strengthening apartment ownership in China. The research aims to explore and
scrutinize various apartment ownership options from selected jurisdictions in order to
provide a framework for similar legislation in China. Hence, the research seeks to
provide a legislative framework for a uniform condominium statute by closely
examining the South African Sectional Titles Act and the American Uniform Common
Interest Ownership Act. This comparative study will help to establish a uniform
condominium statute suitable to the Chinese national character and compatible with
the pace of the country’s economic development.
The thesis is organized into seven chapters. The first chapter explains the research
topic, theoretical basis of the thesis, and research methodology. Moreover, in this
chapter the historical background and status quo of Chinese condominium institution
are also illustrated.
Following this introduction, Chapter Two explores the theoretical structure of
condominium ownership. It depicts the legislative innovation arising from its sui
generis features and explains the objects of condominium ownership on the basis of
its unique definition.
In Chapter Three, a wide spectrum of provisions is identified pertaining to the
creation of condominium in China with reference to South African and American acts.
Specifically, it observes the requirements for land intended for subdivision and the
buildings that comprise a condominium project. It is highlighted that a
condominium’s constitutive document is unregulated in China. Moreover, the
characteristic Chinese land registration procedure is also presented.
Chapter Four demonstrates the significance of the participation quota and analyzes
the advantages and disadvantages of different participation quota calculating methods.
Chapter Five emphasizes that inherent in the condominium living is the interdependence of interests among unit owners. Consequently, this chapter focuses
on condominium owners’ use and enjoyment of their apartments and the common
property.
Chapter Six elaborates on condominium management. This chapter examines the
management body, the general meeting, the executive council and the managing agent.
It concludes that having a well-structured management body is essential since a
condominium community cannot function efficiently without a management
association to represent all of the owners and to handle day-to-day operations.
The last chapter concludes that China needs to enact a uniform condominium to
protect private interests within the condominium context.
| Identifer | oai:union.ndltd.org:netd.ac.za/oai:union.ndltd.org:sun/oai:scholar.sun.ac.za:10019.1/1311 |
| Date | 12 1900 |
| Creators | Chen, Lei |
| Contributors | Mostert, Hanri, Van der Merwe, C. G., Stellenbosch University. Faculty of Law. Dept. of Private Law. |
| Publisher | Stellenbosch : Stellenbosch University |
| Source Sets | South African National ETD Portal |
| Language | English |
| Detected Language | English |
| Type | Thesis |
| Rights | Stellenbosch University |
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