业主公约法律问题简论——一个比较法的观察

Survey of the Legal Issues of the Owners' Pact in Condominium:Through the Perspective of the Comparative Law

住宅小区内不同主体的权利之争对物权法提出了实务上和学理上的双重挑战。作为建筑物区分所有权人的自治规范,业主公约已经成为平衡诸主体权利的“宪法性”文件,从比较法的角度对其相关法律问题进行逐一梳理,将为更深入和更细致的研究提供一个稳固的基础。

The disputes between the varied subjects in the planned community have challenged not only the practice but also the theory in property law. As the self-management agreement among the owners, the owners＇pact in condominium has become constitutional article which could balance the rights of many subjects. This article sur- veys the legal issues of the owners＇pact in condominium one by one in the context of the comparative law,as to find a steady base for the deeper and more detailed research.