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2007年我国《物权法》颁布,建筑物区分所有权第一次以法律的形式出现在公众的视野当中,从而弥补了我国对此问题的立法空白。尽管如此,在实践操作过程中却依然有很多问题,如车位问题、“住改商”纠纷等。这些问题在最高人民法院公布的《关于审理建筑物区分所有权纠纷案件具体应用法律若干问题的解释》(以下称《解释》)中得到解决。本文试图从实践中遇到的若干问题出发,从历史、社会及法律角度探析其产生原因,进一步阐释《解释》中相关问题,以供实践参考。
In 2007, China’s Real Right Law was promulgated. For the first time, the ownership of building division appeared in the public’s field of vision in the form of law, thus making up for the blank of our country’s legislation on this issue. In spite of this, there are still many problems in the practice of operation, such as parking spaces, disputes on live-in business, etc. These issues were resolved in the Interpretations of the Supreme People’s Court on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Ownership Differentiation in Buildings (hereinafter referred to as “Interpretations”). This article attempts to explore some problems encountered in practice from the perspectives of history, society and law and to explain the related issues in Interpretation for practical reference.