China is still in the shadows, for it has no special condominium statute in spite of a fast-growing real estate market and the increasing popularity of condominiums. Even though apartments are the dominant form of housing in China, they are still largely poorly regulated. While in the 1990s condominium ownership was increasingly important due to the privatization of former public housing, obtaining a private title to an apartment usually proceeded without a proper legislative and institutional framework and therefore created many difficulties. The result has been more heat than light, with surprisingly little serious academic treatment of condominium ownership.
This book is a new exploration in Chinese condominium law. It addresses the legal deficiency of condominium law and seeks to map out an academically rigorous approach to understanding and formalizing it with a critical comparative analysis. The Uniform Common Interest Ownership Act of the United States of America and the Sectional Titles Act of South Africa are the chosen comparative entities for future Chinese condominium legislation. This comparative study will help to establish a uniform condominium statute in line with Chinese national characteristics and compatible with the pace of the country’s economic development. Since it is clear that the new Chinese Property Law of 2007 will give a boost to further legislation on condominium law, one can safely predict that a special statute on the condominium will soon be on the Chinese legislative agenda. So this book providing a legislative framework based on a comparative study is almost certain to be useful.
About this book
‘The publication of this work will certainly serve as a precious guide for the future of the codification of the Chinese Condominium law. However, the value of this study is not just limited to the aforementioned role. Moreover, this is also an instrumental guide about methodology, which could serve as a model for the future of comparative works.’
Bei Li in China-EU Law Journal (2011) 125.
Chapter 1: Introduction (p. 1)
Chapter 2: Legal Structure of Condominium Ownership (p. 11)
Chapter 3: Creation (p. 33)
Chapter 4: Participation Quota (p. 55)
Chapter 5: Rights and Obligations of Unit Owners (p. 77)
Chapter 6: Management (p. 109)
Chapter 7: Conclusion (p. 171)
Bibliography (p. 181)
Cases (p. 205)
Statutory Documents (p. 207)
Subscribe to the series and receive a 15% discount on each volume.
The ‘Ius Commune Europaeum’ series focuses on the common foundations of the legal systems of the Member States of the European Union. It includes horizontal comparative legal studies as well as studies on the effect of EU law, treaties and international regulation within the national legal systems. All substantive fields of law are covered.
The series is published under the auspices of METRO, the Institute for Transnational Legal Research at the Maastricht University.
Guidelines for the submission of a manuscript or proposal can be found here.
Prof. Dr. J. Smits (chair - Tilburg University, the Netherlands)
Prof. Dr. M. Faure (Maastricht University and Erasmus University Rotterdam, the Netherlands)
Prof. Dr. E. Vos (Maastricht University, the Netherlands).
Parts of this book have been made open access. We make chapters open access because they are particularly topical, or provide a useful introduction to the subject. They may be available for a limited time or indefinitely. Some books are entirely and permanently open access.