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现代各国立法及学界均将区分所有建筑物之共有部分认定为各区分所有权人共有。但是,所谓共有,按其性质又有总有、共同共有与按分共有之别。区分所有建筑物之共有部分究竟属何种共有,系长期以来学说上争论之焦点。尽管已基本取得一致意见,但仍然有诸多不足。由于不同的定性直接关系到实践中共有所有权人的权利与义务,现有定性极易在实践中遗留诸多隐患。因此,对此予以研究具有重要实际的意义。
All the legislation and academic circles in modern countries regard the common part that distinguishes all the buildings as the common ownership by all the divisions. However, the so-called communalities, in their nature and in their totality, share the same with each other. What distinguishes the common parts of all buildings is the focus of much debate on the doctrine. Despite the general agreement, there are still many deficiencies. Because different qualifications are directly related to the rights and obligations of people who share ownership in practice, the existing nature can easily leave many hidden dangers in practice. Therefore, it is of great practical significance to study it.