论业主的建筑物区分所有权的概念

区分所有是现代住宅商品化的结果,业主的建筑区分所有权反映了该种权利的状态,已经为广大学者和实务界人士所接受,具有其科学性与合理性。建筑物区分所有权尽管是一种物权,但不能根据一般的所有权规则或者共有权规则来进行处理,其是一种新型的物权类型,按照物权法定原则,应该由物权法设专章进行规定。但是不应该规定成员权的内容。业主的建筑物区分所有的客体不能仅限于建筑物而应延伸至小区的共同财产。

The Conception of Divisional Ownership of Buildings

Dividing ownership is the result of mechanization of residences. Divisional ownership of building reflects the state of such right, and accepted by scholars and practical circle. Such rights are scientific and reasonable. Although the divisional ownership of building is a type of property rights, it cannot be operated by general rules of ownership and co-ownership. As a new type of property rights, it should be stipulated separately in property law. Such right, however, should not include the right of membership. The object of divisional ownership of building should not limit to buildings but extended to common properties of the housing estate.