| 英文摘要 |
When developer is building a large condominium or develop hillside communities, they usually need to plan outer roads and relevant public facilities outside the building base, such as the community center, swimming pools, tennis (basketball) courts or tap water pressurization stations, etc., and the above public facilities and their bases are built for condominium buildings or residents in the living area (for passage and rest). It has an inseparable relationship with such buildings. The doctrine is called“a contractual base”. It shall be the bylaws common elements.
However, the current real estate transaction and registration regulations only stipulate that when the ownership of a building is registered for the first time, the type of rights and the scope of rights of the base should be stated, and the base is only the building lot (legal base) listed in the building permit; Therefore, the above-mentioned contractual bases were separated and transferred due to lack of legal norms, which in turn gave rise to many disputes over the right to use, which need to be improved; This article refers to judicial practice insights and Japanese legislation, and puts forward suggestions for countermeasures to ensure transaction security. |
