建筑物区分所有权的法律探析

建筑物区分所有权系现代民法一项基本的不动产所有权形式。在现代各国,高层建筑日益发展,高层建筑物中居民的权利使用方式及人际关系复杂,有的学者把这类建筑物称为“纠纷住宅”。我国目前尚未制定区分所有权法,因此,笔者对建筑物区分所有权的一些基础理论问题进行了探讨,采“三元论”说对建筑物区分所有权的概念进行了界定,分析了专有权、共有权及成员权之间的关系及建筑物区分所有权客体的空间性,最后考察了建筑物区分所有权人的权利和义务。

A Legal Probe into the Distinctive Proprietary Rights of a Building

The distinctive proprietary rights of a building are a basic form of rights over immovables in the modern civil law.In each and every century in the modern times,the number of tall buildings is increasing.The use of rights and relations of the dwellers in such tall buildings are complicated.Such buildings are referred to as "dispute dwellings".There has not been a law of distinctive proprietary rights in our country.The writer therefore tries to probe into the basic theories of the distinctive proprietary rights over buildings,using the "ternary theory" to define the conception of distinctive proprietary rights over buildings,analyzing the relations between the right of monopoly,the right of common and the right of membership and the extensity of the objects of distinctive proprietary rights over buildings,and studying the rights and obligations of the ownership holder of the distinctive proprietary over the building.