正文分为三个部分:第一章,区分所有建筑物之所有权。
The text falls into three parts: Chapter one, the ownership of the ownership-divided building.
第二部分是关于国家、公司等相关主体区分所有建筑物的成员权探讨。
Part 2 discusses the member ownership of ownership distinguished buildings with respect to relevant subjects such as state, company, etc.
因此,火灾、海啸、震灾等重大灾害之后的区分所有建筑物的重建则成为紧迫而重要的问题。
Thus, fires, tsunamis, earthquakes and other major disasters, after the distinction between the reconstruction of all buildings has become urgent and important issue.
由于我国没有建筑物区分所有权的特别法,所以,实务中处理区分所有建筑物与基地的关系,援用一般法的规定。
Since there is no special law in our country, people always refer to the general law when dealing with the practical problems on the relationship between condominium and foundation.
这种权利具有依附性,它不能够单独存在于区分所有建筑物上,而依靠建筑物区分所有权专有权和共有权的存在而存在。
Such right is dependent. It can not exist alone, but relying on the existence of executive right and common right of the building ownership.
建筑物区分所有作为一项重要的不动产制度,在解决区分所有权人之间的权利义务关系方面起着重要作用。
As an important real estate system, building differentiation possession plays an important role in settling the relationship between rights and duties of the owners.
物业管理反映出的各种问题是由建筑物区分所有权派生出来的。
Various problems found in the realty management are just outcomes of the divided ownership of buildings.
第二部分论述了建筑物区分所有权之共有权的内容,即建筑物区分所有权人作为共有权人所享有的权利与承担的义务。
The second part is about the content of common ownership in condominium ownership, that is, the right and obligation of the common owners.
民事生活中,建筑物区分所有权人之间绝大部分纠纷几乎都是因共有部分的权利和义务划分不清而起。
In civil life, most disputes among the condominium owners are produced by the illegible right and obligation of co-ownership part.
建筑物区分所有权人组织的民事主体地位、诉讼主体地位以及责任能力的探讨揭示了其法律性质的特殊性。
The exploration of the status of civil entity, the status to claim and to be claimed, and the ability for liability reveal the special nature of the legal status of condominium association.
建筑物区分所有权是一项复合性权利,由专有权、共有权和成员权构成。
The ownership of apartment building is a compound right composed of the exclusive right, the co-ownership and the membership.
建筑物区分所有权是业主权利的来源,是物业管理法律关系的理论基础。
The owner's rights of building distinguish is the source of the legal relation theory of property management.
共有权权属是小区建筑物区分所有制度的核心问题。
The right of co-ownership is the key issue of the distinctive ownership of community buildings.
其次,分析了建筑物区分所有权之共有权的相关学说,阐述了其概念、特征以及性质。
Then, it analyzes relevant doctrines about the common ownerships of the construction horizontal ownerships, which illustrate its concepts, characteristics and nature.
笔者认为建筑物区分所有权制度是物业管理的基础和探讨的出发点。
The author thought that the condominium ownership of building was the basis and resource of property management.
住宅专项维修资金在权利上属于区分所有人对建筑物共有部分的修缮改良权,是群体物权。
The theory of residential special maintenance funds in the rights belong to distinguish between all parts of the building renovation improvement right, it is community property.
第二部分论述了建筑物区分所有权共有权之性质与法律地位。
Part two, the author examines co-ownership right's character of condominium and it's law status.
这种新型权利,与传统的土地使用权、建筑物区分所有权、相邻权与地役权都有一定程度的联系与区分。
The new right is different from the traditional land ownership and the distinction between ownership of the building.
认为建筑物区分所有权既不同于一般的所有权,也不同于共同共有和按份共有。
I think that the partitioned ownership of building areas is different from co-ownership, and also different from joint ownership.
建筑物区分所有权尽管是一种物权,其行使是在社会分层中寻求平衡,但不能根据一般的所有权规则来进行处理。
Although the divisional ownership of building is a type of property rights, try to reach balance in hierarchical society. But it cannot be operated by general rules of ownership and co-ownership.
物权性权利来源于建筑物区分所有权和建筑物相邻权。
Ownership right originates from a building distinguishing proprietary right from building bordering right.
物业管理的物权性权利来源于建筑物区分所有权和建筑物相邻权。
The property management ownership right originates from divided ownership of multi-storey building and building bordering right.
对于建筑物区分所有权人应享有哪些权利和承担哪些义务,人们依然感到困惑。
To the building what rights should enjoy to distinguish owners and what obligations are undertaken, people still feel puzzled.
本文认为,建筑物区分所有权不是一种单纯的不动产所有权,而是一项新型复合型的民事权利。第二部分,本文对专有权进行了详细的论述。
This text thinks it is not a kind of simple real estate ownership that the building distinguishes ownership, but the civil right of a new compounding type.
本文认为,建筑物区分所有权不是一种单纯的不动产所有权,而是一项新型复合型的民事权利。第二部分,本文对专有权进行了详细的论述。
This text thinks it is not a kind of simple real estate ownership that the building distinguishes ownership, but the civil right of a new compounding type.
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