建筑物区分所有权探析

住宅问题乃是一切国家的重要社会经济问题。我国应改变建筑物区分所有权理论研究和立法的滞后现状。建筑物区分所有权应由专有部分所有权、共用部分共有权、基于相邻或共有关系而产生的权利与义务关系三要素构成;应自成一个完整的法律关系体系;其专有所有权、共有所有权、共有部分附属的专有使用权以及因共有关系而产生的区分所有人之间的权利与义务等,与一般财产权相比,均具有独特的法律特征和内在涵义,应作明确界定。

On the Division of the Building Ownership

s: House is an important economic issue in every country of the world. The situation that the theoretical research and legislation are delayed should be changed. The building ownership is composed of "three parts": the exclusive ownership of the particular part, the ownership of the common part, and the right and obligation relationship based on the neighbor or common estate. An independent system of law relationship should be established. By comparing with the general ownership, the exclusive ownership of the particular part, the ownership of the common part, the exclusive use ownership of the collateral part of the common part, and the division of the right and obligation among the owners based on the common relationship, have their own independent law characteristics and implications, and should be specified clearly.