关于物权基本法征求意见稿的建议

文章针对物权法征求意见稿中的诸多规定 ,参照美国的实践经验 ,对五个方面的问题展开论述 ,并提出了修改建议。首先 ,是有关建设用地使用权的问题 ;其次 ,对意见稿中有关最高额抵押权、抵押权所担保的债权数额和典权的规定进行了评述 ;再次 ,是有关建筑物区分所有权的论述 ;并探讨了共有关系的决议方式和共同共有关系的解除问题 ;最后 ,对役权的权利主体资格和创设问题进行了讨论

Comments on the Draft of the Basic Law on Rights in Rem

Referring to the experience of America, this article deals with five problems in the edition of the law relating to rights over things for soliciting comments and proposes amendments. The first one is about the land use right for construction. The author talks over the difference between two kinds of land use right for constrction, the registration of the land use right for contruction, the transfer and perishment of the land use right for contruction. The second one is about the right of mortgage of maximum amout, the sum of creditor's rights guaranteed by the mortgage and the right of Dian. The third one is about the condominiums. The questions listed below have been discussed: the pattern of resolution in the owner committee, the type of joint ownership, the maintainment of the accessory equipments, the fuction of the executive committee, the private unit owner and the protection of his rights and interests. The fourth one is about the way of resolution in the joint ownership and the termination of the common ownership. The last one is about the subject and the creation of the servitude.