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If the property right is infringed, the right holder may resolve it through conciliation, mediation, arbitration, litigation and other means. If a dispute arises over the ownership or content of the real right, the interested party may request confirmation of the right. If there is no right to occupy the immovable or movable property, the right holder may request the return of the original property.
Where the property right is infringed and the right holder suffers damages, the right holder may request compensation for damages and may also request to bear other civil liabilities.
1. The owner has the right to occupy, use, benefit and dispose of the exclusive part of the building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.
2. The owner has the ownership of the exclusive parts such as residential and business buildings in the building, and the right of co-ownership and joint management of the common parts other than the exclusive parts.
3. The owner has the right and obligation to the common part other than the exclusive part of the building; No waiver of rights may be used for non-performance of obligations. When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.
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Renunciation of inheritance rights is a right granted to the heirs by law, and the court will not interfere and has no right to interfere.
The form of renunciation of inheritance rights is, first, to submit a written application to the court, second, to find an undertaker of the inheritance case, and the undertaker to make a record, and third, to give up at the beginning of the speech at the trial of the inheritance case.
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It is illegal to occupy public space. Where the property owner violates the property management service contract or laws, regulations, or management regulations by carrying out acts that obstruct property management services and management, and the property management service enterprise requests that the owner bear the corresponding civil liability such as restoring the original state, stopping the infringement, or removing the obstruction, the people's court shall support it. The occupation of public areas by the owners of the community without permission is not only a breach of contract against the management regulations, but also an illegal act against the regulations.
In this case, the property management company has the right to file a lawsuit on behalf of all the owners to demand that the illegal or defaulting owners stop encroaching on the common area, which is both the right and the obligation of the property management company. According to the provisions of relevant laws, parties adjacent to immovable property shall correctly handle the adjacent relationship in accordance with laws, regulations and social morality, and in the spirit of convenience for life, solidarity and mutual assistance, fairness and reasonableness.
Property Management Regulations》 Article 49 Public buildings and common facilities constructed in accordance with the plan within the property management area shall not be changed. If the owner really needs to change the use of public buildings and common facilities in accordance with the law, he shall inform the property management service enterprise after going through the relevant formalities in accordance with the law; If a property management service enterprise really needs to change the use of public buildings and common facilities, it shall be submitted to the general meeting of owners for discussion and approval, and the owners shall go through the relevant formalities in accordance with the law. Article 50 Owners and property service enterprises shall not occupy or excavate roads and sites within the property management area without authorization, harming the common interests of the owners.
If the owner really needs to temporarily occupy or excavate the road or site due to the maintenance of the property or the public interest, the consent of the owners' committee and the property management service enterprise shall be obtained; If a property management service enterprise truly needs to temporarily occupy or excavate roads or sites, it shall obtain the consent of the owners' committee. Owners and property management service enterprises shall restore the roads and sites temporarily occupied or excavated to their original state within the agreed time limit.
What are the potential safety hazards of stacking debris in the common space?
The corridor is a public space, and the waste debris piled up is mostly combustible materials such as wood products, cotton fabrics, paper products, etc., and the corridor is a passage for residents to walk, littering cigarette butts, children playing with fire, setting off firecrackers, and it is very easy to cause disasters. The corridor is a public fire escape, and it is the only passage for the majority of residents to travel daily. Debris is piled up in the corridor, affecting the travel of residents and the overall environment.
When disasters such as ** and fire occur, it seriously affects the escape of others.
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It is illegal to occupy a public and decorated space. According to the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Cases Involving Property Management Service Disputes", if the property owner violates the property management service contract or laws, regulations, or management regulations and carries out acts that obstruct property management services and management, and the property management service provider requests the owner to bear the corresponding civil liability such as stopping the infringement, removing the obstruction, and restoring the number of hus, the people's court shall support it.
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