电梯物权权能分离问题探析

Analysis on the Separation of Lifts Property Rights and Functions

电梯作为建筑物的附属设备,其物权种类通常包括产权、使用权、用益物权等。电梯在其寿命周期中牵涉主体较多,其中所有人和使用人相关物权可能产生权能分离的问题,使得权利的行使遇到阻碍,由此产生大量纠纷。本文尝试以一起由电梯物权纠纷引起的行政诉讼案件为例,探析电梯相关物权权能分离产生矛盾纠纷的机理,就电梯物权问题进行讨论,并针对性提出了一些建议。

As the accessory equipment of a building, the types of property rights of lifts usually include property rights, use rights, usufructuary rights and so on. There are many subjects involved in the life cycle of lifts,in which the relevant real rights of owners and users may have the problem of separation of rights and functions, and the exercise of rights is hindered, resulting in a large number of disputes. This paper attempts to take an administrative litigation case caused by lift real right dispute as an example to explore the mechanism of contradiction and dispute caused by the separation of lift real rights and functions, and discusses the issue of lift real rights, and puts forward some specific suggestions.