论文部分内容阅读
物权法施行后,我国已初步形成以业主专有权、共有权及成员权为核心架构的建筑物区分所有权体系,作为专有所有权人的业主的各种物业权利得到了较为完整有效的保护。然而,在司法实践中发现,业主之外的物业使用人权益的法律保护明显严重不足,其直接表现为物业使用人的权利缺位困境。从利益平等保护的角度,应在区分不同类型的物业使用人的基础上,赋予居住或使用物业一年以上的合约型物业使用人以“准业主”成员身份,并进而依据业主成员权的内容结构,厘清与确认特定物业使用人所得享有的“准业主”成员权利的内涵与外延。
After the implementation of the Property Law, China has initially formed a system of differentiated ownership of buildings based on the exclusive rights of owners, co-ownership and membership, and the property rights of various owners as the exclusive owners have been protected more completely and effectively. However, in the judicial practice, it is found that the legal protection of the rights and interests of property owners other than the owners is apparently seriously deficient, which is directly manifested in the absence of the rights of the property users. From the perspective of equal protection of interests, on the basis of distinguishing between different types of property users, contractual property users who have lived or used the property for more than one year shall be given a “prospective landlord” membership and then be based on the owners’ rights Content structure, clarify and confirm the specific property users enjoy the “prospective owners ” the connotation and extension of membership.