论建筑物区分所有权中的共有权

On the co-ownership part of condominium

建筑物区分所有权是现代民法中一项重要的不动产制度。我国《物权法》以单独一章对其予以规定,并通过司法解释做出指导。随着经济的发展和城市化进程的推进,传统的独门独户居住模式在有限的土地资源条件下无法满足居民居住的需要。为了解决城镇人口的集中和地价上涨所造成的住宅缺乏问题,住宅公寓化的区分所有制应运而生。在现代建筑技术的保障下,越来越多的国家产生了建筑物区分所有权这种特殊的不动产复合所有权形态。

Condominium right is an important system in the modern civil law of real estate. The China’s Property law and judicial interpretation made provisions for it. The paper is classified into five parts. This thesis studies the co- ownership both theoretically and practically in an attempt to optimize the regulations on this matter.The first part is an overview which is a basic knowledge of theory.The second part is about the legal nature and status of research. The third part is about the object of the co-ownership which aims to clarify the boundary from rules, regulations and practice. The fourth part is the content, that is, rights and obligations. The last part discusses the difficulties in practice and focuses on the solution to the issue of parking.