The Unavoidable Necessity of Formalizing Condominium Ownership in China: A Pilot Study

Asian Journal of Comparative Law, Vol. 2, No. 1, April 2007

32 Pages Posted: 24 Oct 2008 Last revised: 3 Dec 2013

See all articles by Lei Chen

Lei Chen

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law

Hanri Mostert

University of Cape Town (UCT); University of Groningen

Abstract

This article identifies the problems and malfunctions of the Chinese apartment ownership regime that necessitates its formalization. The benefits of formalizing the apartment ownership, such as resolution of the social housing problem, and establishment of the mortgage-backed real estate market, are presented. Thereafter, we indicate that the success of formalizing apartment ownership in China depends on one hand on the extent to which the unique property market in China can be reconciled with acknowledged ways of dealing with apartment ownership in various other jurisdictions acting as comparative examples. On the other hand, simply grafting borrowed laws or legal institutions into a new context cannot achieve the desired effects. Legal culture matters and it cannot be downplayed in the formalizing process. Our conclusion is that the booming but immature Chinese apartment ownership market will benefit greatly if the casual link between the market economy and well-defined property rights are confirmed through legal formalization.

Keywords: Chinese law, condominium law, property rights, property management

Suggested Citation

Chen, Lei and Mostert, Hanri, The Unavoidable Necessity of Formalizing Condominium Ownership in China: A Pilot Study. Asian Journal of Comparative Law, Vol. 2, No. 1, April 2007. Available at SSRN: https://ssrn.com/abstract=1286846

Lei Chen (Contact Author)

City University of Hong Kong (CityUHK) - Centre for Chinese & Comparative Law ( email )

83 Tat Chee Avenue
Room P5300, 5th Floor, Academic 1
Kowloon Tong
Hong Kong

Hanri Mostert

University of Cape Town (UCT) ( email )

Private Bag X3
Rondebosch, Western Cape 7701
South Africa

University of Groningen ( email )

P.O. Box 800
9700 AH Groningen, Groningen 9700 AV
Netherlands

HOME PAGE: http://www.rug.nl/gcl/visitorsprogramma/ProfMostert

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