关于商品房销售中停车位和会所权利归属的思考

商品房小区中的停车位和会所所有权的归属是物权法制定中争论非常激烈的一个问题,目前物权法草案的规定不利于业主利益。依据建筑物区分所有权理论,结合我国实际,对于不同的小区,应设计不同的权利归属制度,只有这样才能平衡开发商和业主的利益。

On who Has the Ownership of the Parking Stall and the Meeting Place in the Selling of Commodity Apartment

They are two of the hottest topics in the process of the making of the Law of real right that who has the ownership of the parking stall and the meeting place in the district of commodity apartment. Now the related Regulation of the draft is not on the owner. With our country's reality, applying basic civil principle, for different districts legislator should make different right-distributed system. So the benefits of both parts can be equal.