The Unavoidable Necessity of Formalizing Condominium Ownership in China: A Pilot Study
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Lei Chen
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.
©2011 Walter de Gruyter GmbH & Co. KG, Berlin/Boston
Artikel in diesem Heft
- Article
- Buddhism, Human Rights and Constitutional Reform in Thailand
- The Right of Access to Justice: Judicial Discourse in Singapore and Malaysia
- The Unavoidable Necessity of Formalizing Condominium Ownership in China: A Pilot Study
- Developing an Index of the Rule of Law: Sharing the Experience of Hong Kong
- Consumer Protection in China: An Examination of the Toshiba Notebook Case from an Australian Perspective
- Law of Apostasy and Freedom of Religion in Malaysia
- South Asian Free Trade Agreement and the Possibility of Regional Integration within the SAARC: A Historical, Legal and Economic Analysis
- Legal Impediments to the Collateralization of Intellectual Property in the Malaysian Dual Banking System
- The Yogyakarta Local Ombudsman: Promoting Good Governance through Local Support
- Book Review
- Book Review of Elgar Encyclopedia of Comparative Law
- Review of Labour Market Regulation and Deregulation in Asia
Artikel in diesem Heft
- Article
- Buddhism, Human Rights and Constitutional Reform in Thailand
- The Right of Access to Justice: Judicial Discourse in Singapore and Malaysia
- The Unavoidable Necessity of Formalizing Condominium Ownership in China: A Pilot Study
- Developing an Index of the Rule of Law: Sharing the Experience of Hong Kong
- Consumer Protection in China: An Examination of the Toshiba Notebook Case from an Australian Perspective
- Law of Apostasy and Freedom of Religion in Malaysia
- South Asian Free Trade Agreement and the Possibility of Regional Integration within the SAARC: A Historical, Legal and Economic Analysis
- Legal Impediments to the Collateralization of Intellectual Property in the Malaysian Dual Banking System
- The Yogyakarta Local Ombudsman: Promoting Good Governance through Local Support
- Book Review
- Book Review of Elgar Encyclopedia of Comparative Law
- Review of Labour Market Regulation and Deregulation in Asia
