建筑物区分所有权问题研究
发布时间：2018-09-18 06:29
【摘要】：随着我国经济的快速发展,城市化进程不断加快,城市居民区建设用地资源愈显稀缺并致其价格日渐高涨,于是,多层乃至高层建筑也就成为了房地产开发的主要选择,而单一建筑物分成不同部分并分别为住户们专有所有和共有的现象,即建筑物区分所有,也更加常见。这种现象的大规模集中出现,使得建筑物区分所有权人与房地产开发商以及建筑物区分所有权人之间的纠纷也日趋频繁和复杂。2007年10月1日正式施行的《物权法》在立法层面取得了一定成就,其第六章首次以专章的形式对建筑物区分所有权制度内容以及区分所有权人的权利义务进行了基本规定,以往在建筑物区分所有权制度方面无法可依的局面得到改善。然而,其本身却暴露出部分概念内涵不够明晰以及个别法律规定存在逻辑矛盾等方面的不足。2009年最高人民法院针对相关问题先后出台了两部司法解释,在一定程度上解决了相关问题,但在复杂多样的现实情况面前,《物权法》及其相关解释仍稍显笼统而有待完善。 为厘清我国建筑物区分所有权制度的问题所在,首先从建筑物区分所有权的基本理论入手,对其概念、特征及构成加以介绍,继而运用历史比较的方法简要考证了建筑物区分所有权制度的历史沿革；在此基础上,分别对建筑物区分所有权的专有权、共有权以及相邻权与成员权方面基本问题加以阐述；最后分析我国建筑物区分所有权制度的构建及完善,在肯定现阶段《物权法》及相关解释在建构建筑物区分所有权制度框架方面的重要成就以及采复合要素说的合理性同时,针对个别法律规定在区分所有权人间的相邻关系、共有范围界定、共有权行使等方面所存在的过于笼统以及内在逻辑矛盾等方面问题,分别提出相应的完善建议,以期对未来立法进一步完善相关制度有所助益。
[Abstract]:With the rapid development of our economy and the accelerating process of urbanization, the more scarce the construction land resources in urban residential areas are and the higher their prices are, the multi-storey and even high-rise buildings have become the main choice of real estate development. It is also more common that a single building is divided into separate parts and is owned and shared by the occupants. The massive concentration of this phenomenon, The disputes between the building owners and the real estate developers and the owners of the buildings are becoming more and more frequent and complex. On October 1, 2007, the Real right Law has made some achievements in the legislative level. The sixth chapter for the first time in the form of a special chapter on the content of the system of differentiated ownership of buildings and the rights and obligations of the differentiated owners of the basic provisions in the past in the system of building ownership of the situation can not be improved. However, it itself reveals that some of the concepts are not clear enough and that there are logical contradictions in individual laws and regulations. In 2009, the Supreme people's Court issued two judicial interpretations in response to related issues. To a certain extent, the related problems have been solved, but in the face of complicated and diverse reality, the property Law and its related interpretations are still slightly general and need to be improved. In order to clarify the problems in the system of building ownership in China, this paper begins with the basic theory of building ownership and introduces its concept, characteristics and composition. Then the historical evolution of the building ownership system is briefly studied by the method of historical comparison, on the basis of which, the basic problems of the exclusive right, the common right, the adjacent right and the member right of the building division ownership are expounded respectively. Finally, this paper analyzes the construction and perfection of the system of building condominium ownership in our country, and affirms the important achievements and the rationality of adopting the theory of compound elements in the construction of the framework of the system of building condominium ownership at the present stage of the Real right Law and related explanations. In the light of the problems existing in the definition of the common scope, the exercise of the common right and the inherent logic contradiction, the corresponding suggestions are put forward to improve the relationship between the owners, the definition of the common scope and the exercise of the common right. With a view to the future legislation to further improve the relevant system.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.2
本文编号：2247067
[Abstract]:With the rapid development of our economy and the accelerating process of urbanization, the more scarce the construction land resources in urban residential areas are and the higher their prices are, the multi-storey and even high-rise buildings have become the main choice of real estate development. It is also more common that a single building is divided into separate parts and is owned and shared by the occupants. The massive concentration of this phenomenon, The disputes between the building owners and the real estate developers and the owners of the buildings are becoming more and more frequent and complex. On October 1, 2007, the Real right Law has made some achievements in the legislative level. The sixth chapter for the first time in the form of a special chapter on the content of the system of differentiated ownership of buildings and the rights and obligations of the differentiated owners of the basic provisions in the past in the system of building ownership of the situation can not be improved. However, it itself reveals that some of the concepts are not clear enough and that there are logical contradictions in individual laws and regulations. In 2009, the Supreme people's Court issued two judicial interpretations in response to related issues. To a certain extent, the related problems have been solved, but in the face of complicated and diverse reality, the property Law and its related interpretations are still slightly general and need to be improved. In order to clarify the problems in the system of building ownership in China, this paper begins with the basic theory of building ownership and introduces its concept, characteristics and composition. Then the historical evolution of the building ownership system is briefly studied by the method of historical comparison, on the basis of which, the basic problems of the exclusive right, the common right, the adjacent right and the member right of the building division ownership are expounded respectively. Finally, this paper analyzes the construction and perfection of the system of building condominium ownership in our country, and affirms the important achievements and the rationality of adopting the theory of compound elements in the construction of the framework of the system of building condominium ownership at the present stage of the Real right Law and related explanations. In the light of the problems existing in the definition of the common scope, the exercise of the common right and the inherent logic contradiction, the corresponding suggestions are put forward to improve the relationship between the owners, the definition of the common scope and the exercise of the common right. With a view to the future legislation to further improve the relevant system.
【学位授予单位】：大连海事大学
【学位级别】：硕士
【学位授予年份】：2013
【分类号】：D923.2
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