建筑物区分所有权制度研究（可编辑）.docVIP

建筑物区分所有权制度研究(3) 车 库的权利 归属一样 ,应作为 建筑物的 公用设施 而归业主 所有。 第 五部分是 对物业管 理自治制 度进行研 究。 主要 研究了区 分所有人 共 2 同 管理权的 内容 、 业 主大会、 业主 委员 会和物业 管理服务 企业的相 关问题, 并 指出业主 大会应具 有民事主 体资格。 第 六部分为 结语, 笔 者建议不 能仅将建 筑物区分 所有权规 定在 《物 权 法》 中, 可 以考虑制 订单独的 法律来进 行规范调 整, 特别 是有关团 体关 系 的 法律制度 亦应充实 完善。 关 键 词 : 建 筑物区分 所有权; 物业管理 ;民事主 体 3 Abstract The Property Right of Building Differentiation, a concept concerning the law of real estate, was originally discussed frequently among theorists in the field of law, and it announced officially in the name of “Property Law of the People’s Republic of China” in 2007, in which 14 items are specified in terms of basic civil law differentiating building property with accurate concepts, contents and its administrative approaches. This term, borrowed abroad, however, there exit a great deal of controversies among legislators concerned upon its understanding, which obviously bring about deliberate withdraw, non-distribution or even bias, as a matter of fact. By means of comprehensive research and analysis with interpretative approaches, comparative law as well as sociology, it is targeted to the improvement of the Property Law and to the contribution to the at ?hand Civil Code This paper is composed of six sections. The first identifies the definition of the property right of building differentiation. With comparison among different schools, it is discussed that this right consists of two parts, i.e., exclusive right and co-ownership right, whereas the former refers to the owner’s right and the latter the public, suggesting that the administration concerned and private property should not be infringed, as the right of administration, dependent, is within the property right but not within “member right”. As for the community relationship, due to sharing the same block, should be adjusted according to community laws instead of the Property LawFurthermore, the right of neighboring does not belong to the right of property, which