从一起通行权纠纷案看建筑物区分所有权及其诉讼时效

An Analysis on the Ownership of Building Distinction and the Limitation of Actions Based on a Disputations Case of the Right of Passage

建筑物区分所有权是随着经济的发展 ,城市多层及高层建筑的增多而逐渐形成的一种复杂的不动产所有权关系。一幢建筑物往往包括众多的单元房 ,每一单元房在客观上又是相互关联的 ,每一单元房的所有人在对单元房享有专有权的同时 ,又对建筑物的公共部分享有共有权 ,从而在该幢建筑物所有住户中形成复杂的区分所有权法律关系。笔者试从实践中一个涉及通行权的具体案例入手 ,对建筑物区分所有权及其诉讼时效理论进行初浅的探讨 。

The ownership of building distinction is a complicated title to realty relation which comes into being with the development of economy and the increasing of high building. One building usually includes numerous flats, each flat is connected with others objectively. The owner of each flat enjoy exclusive right of the flat as well as the co-ownership of the building's public area, this give rise to the complicated legal relation among all the owners of the building. This paper analyzes on the ownership of building distinction and the limitation of actions based on a concrete case, hoping it will be conducive to the trial practice.