Book contents
- Property Law in China
- Reviews
- Property Law in China
- Copyright page
- Contents
- 1 The Institution of Property in China
- 2 Sources and Basic Principles of Property Law
- 3 Property Acquisition
- 4 Co-ownership and Neighbour Relations
- 5 Condominium Ownership
- 6 Land Contractual Management Rights and Homestead Use Rights
- 7 Construction Land Use Right
- 8 Servitude and Habitation Right
- 9 Real Security: Mortgage
- 10 Pledge and Lien
- 11 Possession and Expropriation
- 12 Conclusion
- Bibliography
- Index
4 - Co-ownership and Neighbour Relations
Published online by Cambridge University Press: 09 July 2025
Book contents
- Property Law in China
- Reviews
- Property Law in China
- Copyright page
- Contents
- 1 The Institution of Property in China
- 2 Sources and Basic Principles of Property Law
- 3 Property Acquisition
- 4 Co-ownership and Neighbour Relations
- 5 Condominium Ownership
- 6 Land Contractual Management Rights and Homestead Use Rights
- 7 Construction Land Use Right
- 8 Servitude and Habitation Right
- 9 Real Security: Mortgage
- 10 Pledge and Lien
- 11 Possession and Expropriation
- 12 Conclusion
- Bibliography
- Index
Summary
This chapter explores the intricate legal concepts of co-ownership and neighbour relations under Chinese property law. The first section delves into co-ownership, explaining its categories: co-ownership by shares and common ownership. It discusses the rights and obligations of co-owners, the management of co-owned property and the legal remedies available for disputes. The chapter highlights how co-ownership can be established through contracts, partnerships and familial relationships, and examines how these relationships influence the management and division of property.
The second section focuses on neighbour relations, covering the concept and content of neighbour rights. It outlines the principles governing these rights, such as facilitating production and ensuring convenient living while balancing fairness and reasonableness. The chapter discusses the impact of civil customs on neighbour relations, providing case studies to illustrate how local practices influence legal decisions. By examining these elements, the chapter provides a comprehensive overview of how co-ownership and neighbour relations are regulated, emphasising the importance of harmony and co-operation in property management and dispute resolution.
Information
- Type
- Chapter
- Information
- Property Law in ChinaTransition and Trend, pp. 98 - 125Publisher: Cambridge University PressPrint publication year: 2025
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