论区分所有建筑物之楼顶平台所有权的归属

On Ownership of the Flat Roof of Apartment House

关于区分所有建筑楼顶平台的所有权归属,学术上有全体区分所有人共有说和顶楼住户专有说之对立。通过对共有说的逻辑合理性和价值正当性的反思和论证,提出我国物权立法应在坚持楼顶平台一般应推定为共有的前提下,允许特定区分所有人对法律的这种推定予以反证,证明其对楼顶平台享有专有权。

There are different theories about ownership of the fiat roof of apartment house, some people think that it should belong to all owners of the house while others think that it should belong to the owner of the top floor. On the basis of analysis and demonstration of the rationality and justice of the coownership theory, the anthor put forwards his own ideas as following： on usual condition,we should presume the ownership of the fiat roof of apartment house belongs to all owners of the house , but should allow eerlain owners argue to the contrary by submit counter evidences.