论文部分内容阅读
界定区分所有建筑物的共有部分应从建筑物的自然物理属性和功能用途两个方面综合把握,既要注意到共有部分在构造、使用上具有非独立性,也要注意到共有部分对全体或部分业主在功能用途上的公共性、非排他使用性。共有部分所有权的取得不以分摊了共有部分面积及支付对价为前提,只要区分所有权人取得了专有部分所有权即同时取得共有部分共有权和成员权。建筑物的共有权与专有权密切相关,其既不能请求分割,也不能单独让与,并且依附于专有权。
Defined division of all buildings in the common part of the building from the natural and physical properties and functional use of two aspects of comprehensive grasp, it is necessary to note that the common part of the construction, use of non-independence, but also noted that the common part of the whole or part Owners in the functional use of the public, non-exclusive use of. The acquisition of partial ownership is not premised on the sharing of the common part of the area and the payment of the consideration, as long as the partial ownership is acquired by the owner of the difference, and at the same time, the common ownership and the member rights are obtained at the same time. The co-ownership of buildings is closely related to the exclusive right, neither of which can be split nor conferred separately, and attached to exclusive rights.