试论建筑物共有部分所生费用之分担

对于建筑物共有部分的性质,历来是多种学说并存.相较而言,按份共有说不仅在理论上具有合理性,立法上有可借鉴性,实践上也更具有可操作性,因此,在新近颁布的<物权法>中间接获得了认可.相应的,对于共有部分所生费用,<物权法>也根据按份共有的基本原理规定了应按专有面积比例进行分担.

Study on Fees-Sharing of Buildings' Common Section

There are many viewpoints on the nature of buildings' common sections all the time.Comparatively speaking,the theory of Joint Ownership By Shares is more reasonable in theory and more practicable in operation,and also has successful experiences of foreign legislations to go by.Thus,it is accepted indirectly by Property Law recently passed.Accordingly,sharing of the fees used for buildings' common sections should be on the basis of exclusive section's proportion,which is also regulated by Property Law.