小区建筑物共有权权属分析

共有权权属是小区建筑物区分所有制度的核心问题。区分所有共有权与一般财产共有权在权利主客体等方面有着显著的不同,并具有特殊的按份共有的性质。国外相关立法和学理对共用部分的界定各有特点,且对其有较为一致的三种分类。中国现有立法中关于小区建筑物共有权权属的规定较为零乱。中国应借鉴国外成功的立法经验,统一、完善相关立法,以保障业主的合法权益。

An Analysis on the Right of the Co-ownership of Community Buildings

The right of co-ownership is the key issue of the distinctive ownership of community buildings.Co-ownership of the distinctive ownership of buildings differs greatly from that of the common property in terms of subject and object,and has got the special nature of shared ownership.Relevant foreign legislations and doctrines have given various definitions of shared sections,and have three similar sorts of them.There is some confusion about the right of co-ownership of community buildings in Chinese legislations. Therefore,the paper suggests that successful legislations of other countries be used for reference and that the related Chinese legislations be perfected to protect the owner's legal rights.