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《物权法》的颁布、《建筑物区分所有权解释》的出台都对建筑物区分所有专有和共有权部分作了相关规定,也为现实中开发商售房和业主买房提供了法律依据和实践指南。但在生活中,在法律法规的规定下,业主对楼顶的使用率很小,且对于权利的主张也很模糊。在学术界,学者们大多赞同楼顶属于建筑物区分所有权中的共有部分。但在实践中,近几年的房子开发商为了顺利或高价出售顶层房屋,以附赠或出售方式约定楼顶归顶层业主专有;或有八九十年代的老房子的业主对楼顶的权利归属认识不清。基于此,本文将围绕楼顶属于区分所有建筑物共有或专有部分进行探析。
The promulgation of the Property Law and the introduction of “Interpretation of Ownership of Building Differentiation” all make relevant provisions on the division of all proprietary and co-ownership parts of buildings, and also provide legal basis and practical guide for real estate developers and homeowners to buy a house . However, in life, under the laws and regulations, the owners of the use of the roof is very small, and claims on the right is also very vague. In academia, most scholars agree that the roof belongs to the common part of building ownership. However, in practice, in recent years, house developers in order to sell the top-level housing for a smooth or high price, contract to the roof top to the top owners proprietary; or the owners of the eighties and nineties of the old house on the roof Unknown ownership of ownership. Based on this, this article will focus on the roof belongs to distinguish all buildings or proprietary parts of exploration.