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2 In relation to the Property Law of China:
(a) explain divided co-ownership interest in buildings;
(b) state any parts within a building or community that shall be owned by owners on the basis of co-ownership;
(c) state the rules on the transfer of the privately owned residential or commercial properties in a co-owned building by the owner.
答案:
2 This question requires candidates to explain the term divided co-ownership interest in buildings, and state the coverage of such form of ownership as well as the rules with respect to the transfer of residential or commercial properties in a building under the Property Law of China.
(a) Divided co-ownership interest in buildings refers to a situation where an owner has ownership over the exclusive parts within the building, such as the residential houses or the houses used for business purposes, and has an undivided ownership and right to common management over the common parts other than the exclusive parts of the same building.
(b) In accordance with Articles 73 and 74 of the Property Law, the roads within the building zone or community other than the public roads in the cities and towns, the green fields within the building zone or community other than the green fields owned by cities and towns or owned expressly by individuals, the parking spaces and garages occupying the roads or other fields, shall be co-owned by all owners and belong to all owners.
(c) In accordance with Article 72 of the Property Law, where an owner transfers the residential or commercial house within a building, the co-ownership and the right to common management enjoyed by the owner over the jointly-owned parts shall be transferred accordingly.
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