The Making of Chinese Condominium Law

A Comparative Perspective with American and South African Condominium Laws

By Lei Chen

China 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 poorly regulated. In the 1990s, while 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. This book addresses the legal deficiency of Chinese condominium law and maps out an academically rigorous approach to understanding and formalizing condominium law with a critical comparative analysis. The Uniform Common Interest Ownership Act of the US and the Sectional Titles Act of South Africa are the chosen comparative entities for future Chinese condominium legislation. This comparative study helps 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, it is safely predicted that a special statute on the condominium will soon be on the Chinese legislative agenda.

224 pages

Publication Date: 9/1/2010
Format: Paper
ISBN: 9789400000889