建筑物区分所有权中共有权的划分在理论界一直有疑义,产生了按份共有说、共同共有说、区别说以及新型说等学说。在理论上明确共有权的性质对司法实务中区分所有权纠纷有重要意义。对于区分所有中共有部分的划分,《物权法》并没有做出详细规定,但随后的司法解释给出了更多的法律规范,为解决实际问题和保护业主权利提供了保障。 Differentiation of Ownership of Buildings The division of ownership by the CCP has always had doubts in theorists, resulting in the doctrine of common ownership, differentiation and new theory. In theory, it is of great significance to clarify the nature of the co-ownership to distinguish ownership disputes in judicial practice. For the division of all the Communist Party of China from the division, “Property Law” did not make detailed provisions, but subsequent judicial interpretation gives more legal norms, to solve practical problems and protect the rights of owners to provide protection.