论持分权

On the Commen Ownership

建筑物区分所有权是多层建筑物发展的产物,其内容经历了一个从一元论到二元论再到三元论的演变过程。建筑物区分所有权中的持分权是建筑物区分所有权的“物法性”要素之一,与普通所有权以及建筑物区分所有权中的专有权、成员权相比,有自己的特点。建筑物持分权由主体、内容和客体三个要素构成,其客体即共用部分。建筑物持分权的权能种类虽然与普通所有权、专有权无异,但其行使则应受到限制。

The division of the building ownership is the production of the development of high - rised dwelling buildings, and the content of it has gone through three stages： monism, dualism and so on. The division of the building ownership composes of three parts ： the exclusive ownership, the common ownership and the membership right. The commen ownership has its own law characteristic and is differ from the ownership, the exclusive ownership and the membership right. It comprises three factors： the subject of right, the content and the object of right which points to the common part and the exertion of the commen ownership should be restricted.