The legal interpretation of real right law defines the standard of the owner's identity

"Residential change" to the people's Supreme People's Court 25th news, the Supreme People's Court recently published "on the trial of the case of building separation of ownership disputes on the specific application of the law of several issues," clarified the definition of the identity of the owner of the standard, will be "residential change business" Disputes have an interest in the scope of the owner is determined in principle within the building. The owner changed the residence into a business room, the people's Court shall, without the consent of an interested owner, seek to remove any nuisance, eliminate danger, restore the original state or compensate for the loss, and the peoples courts should support the change of residence to the owner of the business premises to defend with the consent of the majority of interested owners, The people's Court does not support.　　The judicial interpretation will be implemented on October 1. In accordance with the provisions of the judicial interpretation, the person who obtains or obtains exclusive partial ownership of the factual acts according to the legal documents of entry into force, inheritance or bequest, and lawful construction of houses shall be identified as the owner.　　According to the Civil Juristic Act of commercial housing sale between the construction units, the owner who has lawfully occupied the exclusive part of the building, but has not yet registered the title of the property law, may be identified as the landlord of the property law.　　The construction unit according to the allocation proportion, will the parking space, the garage by the sale, the bonus or the lease and so on the disposition to the landlord, should determine that its behavior conforms to the real right law 74th the first paragraph regarding "should first satisfy the owner's need" the stipulation. Supreme Court of the people in charge said that the judicial interpretation of a comprehensive consideration of "residential change" dispute the actual situation, will have the scope of the owner of the interest in principle in the building, the scope of essentially effectively covering the "residential change" behavior has a stake in the owner. In addition, it is true that in practice there is a possibility that the owners of the buildings outside the building can also have a stake in the behavior of the "residential change quotient". However, the scope of this part of the owners is difficult to demarcate, in order to prevent unlimited generalization of the scope of the owners of the interests, the judicial interpretation of the other provisions, it should prove the existence of interest.