业主的财产权保护——以配套公建权属不明为切入点

Protection of Property Rights of Owners:Starting from Unclear Ownership of Supporting Public Buildings

配套公建权属不明掣肘着业主财产权的行使,致使住宅小区的良性运转难以为继。剖析配套公建权属不明的因由,《民法典》第274条、《物权法》第73条中"其他公共场所、公用设施"概念上的模糊性,是引发配套公建权属不明的症结。开发商的逐利性与配套公建的公共服务属性相悖,而业主的长期使用利益天然地促使其以维护配套公建为己任。在解释论上,宜秉持配套公建优先归属于业主法定共有的理念,以实现扩张业主共有配套公建范围的法解释效果,从而最大限度压缩配套公建权属不明的情形。登记层面对业主法定共有配套公建的形式确权是破解配套公建权属不明的必要补充,应将开发商违规建设的配套公建登记为业主共有,以切实保护业主财产权。

The unclear ownership of supporting public buildings restricts the exercise of property rights of owners,which makes the healthy operation of residential quarters difficult to continue.This paper analyzes the reasons why the ownership of supporting public buildings is not clear and the fuzziness of the concept of"public places and public facilities"in Article 73 of the property law should be the crux of the unclear ownership of supporting public buildings.The profit-seeking nature of developers is contrary to the public service nature of supporting public buildings,and the long-term use interests of owners naturally urge them to take the maintenance of supporting public buildings as their own duty.Therefore,in terms of interpretation theory,it is advisable to uphold the concept that supporting public buildings are priority to owners’statutory common ownership,so as to achieve the legal interpretation effect of expanding the scope of supporting public buildings owned by owners,so as to minimize the situation of unclear ownership of supporting public buildings.In order to protect the property rights of the owners,the registration layer should register the supporting public buildings constructed by developers in violation of regulations as the owners’joint ownership.