论小区物业共有权的性质

Nature of Co-ownership of the Properties in a Residential Area

传统民法将多层公寓的权利结构解构为"建筑物区分所有权中的共有权和专有权",这样的解构没有"小区物业共有权和专有权"来得准确、简洁。既有的对小区物业共有权的定性,都无法准确解释和处理小区物业共有权中的财产关系,因而不具有合理性。小区物业共有权的平等性、完整性、开放性、民主性和客体的永不分割性,与集合共有具有高度的契合性。将小区物业共有权定性为集合共有,既符合学理又符合现代社会生活之实际需要。

In Chinese traditional civil law, the right structure of multilayer flats is interpreted as ＂the common ownership and exclusive right of owners＇ partitioned ownership of building areas,＂ which is less accurate and succinct than ＂the collective co-ownership and exclusive right of residence property. ＂ The existing definition of the nature of the co-ownership of residence property can not interpret and deal with the property relations in the co-ownership of residence property. The co-ownership of residence property features equality, completion, compatihle with collective co-ownership. openness, democracy and indivisibility, which is highly