建筑物区分所有权之共有权制度争议问题再探讨——以相关司法解释为起点

Re-exploration of the Controversial Issues on the Co-ownership of a Condominiums——Starting from the Relevant Judicial Explanations

我国现行《物权法》中的建筑物区分所有权之共有权制度未以该物权的内在规定性和我国实际为基础,照搬他国准则去规制区分所有权人的权利与义务。这一重大缺陷使该制度无法对相关问题给予正确的指导和判断,反而引发新的纠纷。故必须理性地对现行《物权法》及相关司法解释予以甄别,以公平不同主体间的权利为理念,科学规范共有部分及其范围;重新定位车位、车库的归属;明确区分所有权人对专用使用权的权利,避免其利益受侵害,以满足我国实际和建筑物区分所有权制度的客观要求。

The co-ownership of a condominiums stipulated by the Real Property Law in China is not based on its essence and the domestic reality.Instead,the proprietor＇s rights and obligations are enacted in accordance with other countries＇ criteria.Consequently,this big defect has hindered the system from giving correct guidance and judgment over some issues,leading to new disputes.We,therefore,should examine carefully the articles in the Real Property Law and their relevant judicial explanations,with an aim to protecting the more disadvantaged proprietors.We should also scientifically stipulate the scope of the co-owning sections and relocate the ownership of parking lots and garages.In addition,we should make clear of proprietors＇ rights to the exclusive usage,thus avoiding their interests infringed,so as to comply with China＇s reality and the principles for the co-ownership of condominiums.