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How to use the courtyard on the first floor legally

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How to use the courtyard on the first floor legally


        

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  • 2024-06-15 17:00:00

    The patio on the first floor is jointly owned and cannot affect the use of other owners. The patio on the first floor is jointly owned by all owners of the building, and no individual is allowed to occupy it without permission, build buildings at will, or affect the use of others. The divisional owner of a building can only exercise the right of possession, use, income and disposal of the ownership in the exclusive part of the building. Without the permission of other divisional owners, property management personnel and maintenance personnel of the building, it is not allowed to exercise rights in the shared part of the building. The owner enjoys rights and assumes obligations for the common parts other than the exclusive parts of the building; It is not allowed to abandon rights and fail to perform obligations. When the owner transfers the residential houses and business houses in the building, his rights of co ownership and co management of the common part shall be transferred together.

    Legal basis

    Article 72 of the Civil Code of the People's Republic of China [Status of legal person in liquidation, disposal of residual property after liquidation and termination of legal person] The legal person shall survive during liquidation, but shall not engage in activities unrelated to liquidation.
    The remaining property of a legal person after liquidation shall be disposed of in accordance with the provisions of the articles of association of the legal person or the resolution of the legal person's authority. If the law provides otherwise, such provisions shall prevail.
    The legal person terminates when the liquidation is completed and the cancellation of registration of the legal person is completed; Where it is not necessary to register a legal person according to law, the legal person shall terminate at the end of liquidation.

    Article 271 of the Civil Code of the People's Republic of China [Differentiated ownership of buildings] The owner shall have the ownership of the exclusive parts of the building, such as residential houses and business houses, and the right to jointly own and jointly manage the common parts other than the exclusive parts.

    Article 273 of the Civil Code of the People's Republic of China [Rights and obligations of the owners to the common parts] The owners enjoy rights and assume obligations to the common parts other than the exclusive parts of the building; It is not allowed to refuse to perform obligations on the ground of waiving rights.
    When the owner transfers the residential houses and business houses in the building, his rights of co ownership and co management of the common part shall be transferred together.

    Article 274 of the Civil Code of the People's Republic of China [Ownership of roads, green spaces, etc. within the building area] The roads within the building area belong to the owners, except those belonging to urban public roads. The green space within the building area belongs to the owners, except for the urban public green space or those explicitly belonging to individuals. Other public places, utilities and property service rooms within the building area belong to the owners.

    G***

    2024-06-15 17:00:00

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