论建筑物区分所有权的法律性质

建筑物区分所有权的性质是一种新型的共有性质,它既不同于传统的共有关系,也不是按份共有和共同共有,而是一种新型的互有性质。目前我国有关建筑物区分所有权制度散见于有关的规范性文件或行政规章中,建议应当及时制定“中华人民共和国建筑物区分所有权法”,对有关多层高层建筑物区分所有权的法律关系进行统一的、专门的调整,以便稳定交易安全,减少纠纷,促进我国住房制度的改革和完善。

On Legal Features of Distinguishing Ownership from Buildings

The characteristic of distinguishing ownership from buildings is a new type of co-possession.It is different from the traditional co-possession,and does not refer to possession by shares or share by all,rather it is mutual possession.At present,regulations concerning distinguishing ownership from buildings can be found in documents of specifications and administrative regulations.Therefore,we suggest drawing national laws by the state immediately and improving legal relations of distinguishing ownership from multi-floor buildings so as to increase the safety of building trade,reduce conflicts and facilitate the reform of residential system in China.