论建筑物区分所有权的特殊性

On the Particularity of the Partioned Ownership of Building Areas

建筑物区分所有权的特殊性表现在三个方面,即建筑物区分所有权主体的扩张性、权利客体的专有部分与共有部分的复合与关联性、权利内容兼具财产性与人身性,从而确立其特殊的所有权形态。建筑物区分所有权主体扩张基源于业主所有权人的处分权能,权利客体扩张性来源于客体的流转性,而权利内容的特殊性包含"业主"概念外延的扩大和共用部分的主体扩展。建筑物区分所有权的特殊性表明了所有权限制与社会连带义务的和谐。

The Particularity of the partioned ownership of building areas is embodied by the three aspects： the expansiveness of a subject of right, the overlap and correlation of an object of right to the exclusive area and the shared area, and the traits of property and personal contained in the content of right, based on which the specific form of the right of ownership of the partioned ownership of building areas is established. The expansion of a subject of the partioned ownership of building areas is originated from the owner＇s disposition, the expansion of an object of the partioned ownership of building areas comes from the alternation of an object, and the particularity of the content of right contains the expansion of the extension of the concept of owner and the expansion of the subject of the shared area. The particularity of the partioned ownership of building areas reflects the conciliation between the limit of ownership and its social joint liability.