小区名称权实践的困境与路径

Practical dilemma and paths of the right of residential name

小区名称权属于私权,业主凭借建筑物区分所有权之成员权,依法享有为小区命名、更名和获取经济收益的权利。但因业主自治能力不足、有偿冠名困难、建设单位垄断名称权以及行使权利成本较大等原因,业主实现小区名称权比较困难。鉴于此,建议强化业主的权利意识,设立小区临时名称制度,确立小区有偿冠名制度,完善小区社会规范,使业主能合法有序地行使这一正当权利。

The right of residential name is a private right.By virtue of the membershipright in a building district,the owners have the right to name the district,change its name and obtain economic benefits in accordance with the law.Due to the lack of autonomous ability of owners,the difficulty of paid naming,the monopoly of the construction company on the right to name and the huge cost of exercising the right,it is difficult for property owners to realize the right to name the community.To revitalize this right,owners should raise awareness of their rights.It is proposed to set up a system of temporary name for the community.The social norms of the community should be brought into full play to enable owners to exercise this legitimate right in a lawful and orderly manner.