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业主的建筑物区分所有权是由业主专有部分所有权、共有权和共同管理权三部分组成的复合物权。区分所有权的主体是业主,客体是建筑物,但又不限于建筑物,例如属于特定空间范畴的车位、摊位等,也可以登记为专有部分所有权,从法律上保障了业主的财产权。专有部分所有权在业主的建筑物区分所有权中居于核心地位。共有权中的共有不同于传统民法中的共有,这种共有表现为主体人数众多,客体范围较广,权利行使方式特殊。共同管理权是针对共有财产和共同事务而实施的私法权利,如果这些共同财产和共同事务不能做到妥善处理,业主的利益就可能失衡,小区的和谐将无法保障。
The owner’s building ownership is a composite property consisting of the ownership, co-ownership and co-management of the owner’s proprietary part. Ownership is the main distinction between the owners, the object is a building, but not limited to buildings, such as space belonging to a particular category of parking spaces, booths, etc., can also be registered as a proprietary part ownership, legally protected the owners property rights. Proprietary part ownership is at the heart of building owners’ ownership of buildings. The common ownership differs from the common ownership in the traditional civil law. This kind of common performance is characterized by a large number of subjects, a wide range of objects and a special mode of exercise of rights. The common management right is the private law right implemented for common property and common affairs. If these common property and common services can not be properly handled, the interests of the owners may be unbalanced and the harmony of the communities will not be guaranteed.