论小区业主共有权的法律保护

建筑物区分所有权之共有权是指两个以上自然人或法人对供全体或部分所有人共同使用的建筑物部分所享有的一种所有权权利状态。共有权是建筑物区分所有权中的核心权利。在实践中,开发商、物业服务企业、个别业主和行政机关及其相关部门侵犯建筑物区分所有权之共有权的现象经常发生。因此,可通过明确相关主体的法律义务,规范业主委员会的职能,建立共有权的登记和公示制度,加强对行政许可行为的司法审查等措施来保护业主共有权。

On the Legal Protection of the Right of the Co-ownership of Community Buildings

The co-ownership of divisional ownership of buildings refers to the state of ownership rights,of two or more natural or legal people to use the shared parts of buildings which are provided for all or some owners.Co-ownership is the core rights of divisional ownership of the buildings.In practice,real estate developers,property services companies,individual owners and other residents,and the executive authorities and related departments often violate the co-ownership of divisional ownership of buildings.Therefore,such measures as making clear of the legal obligations related to the subject,regulating the functions of the owners committee,establishing the registration and public notice system for co-ownership and strengthening the judicial review of administrative licensing are taken to protect the co-ownership of the owners.