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随着现代社会高层建筑的不断出现,建筑物区分所有权作为一种能较好地解决高层建筑空间利用的法律制度不断受到人们的关注。2007年,《物权法》的出台,物权法中就建筑物区分所有权专门作出了规定,通过专有权,共有权和成员权,共同构成了复合型的建筑物区分所有权。通过从物权法三元论角度分析,能更清楚地揭示建筑物区分所有权的本质。
With the continuous appearance of high-rise buildings in modern society, the separation of ownership of buildings as a legal system that can better use the space of high-rise buildings continues to receive the attention of people. In 2007, the “Property Law” was introduced, the property law specifically for the ownership of buildings made specific provisions, through the exclusive rights, co-ownership and membership, constitute the composite ownership of the building division. Through the analysis from the perspective of the territorialism of the Real Right Law, the essence of building ownership can be revealed more clearly.