试论住宅小区公用设施的产权归属

A Discussion on the Property Ownership of Public Facilities in Residential Community

关于住宅小区公用设施的法律归属,特别是经营性公用设施如会所、商铺、肉菜市场、游泳池等到底归谁所有,我国立法未明确,司法实践不一致。小区公用设施一般应归业主所有,经营性公用设施则遵循"谁投资、谁所有、谁收益"的原则进行处理,物业服务企业则受业主委托成为管理人,以此厘清各方权属关系。

The legal attribution of residential facilities remains controversial, especially in the operation of public facilities such as clubs, shops, fresh markets, swimming pools, etc. As our legislation is not clear and the judicial practice is not consistent, this paper argues that the community public facilities in general is owned by all home owners, while operating public facilities follows the principle of ＂whoever invests owns and benefits＂. The property service enterprise is commissioned by the owners to become a manager so as to clarify the rights of ownership.