论文部分内容阅读
剥夺建筑物区分所有权是对严重违反义务的区分所有权人采取的最为严厉的制裁措施,它体现了法的秩序价值和民法上诚实信用原则及禁止权利滥用的内在要求。我国应从维护建筑物区分所有权人的共同利益出发,构建剥夺建筑物区分所有权制度,对严重违反义务的区分所有权人,在采取其他措施不足以防止防止危害后果发生时,遵循法定程序,由业主委员会诉请法院予以剥夺。
The deprivation of ownership of buildings is the strictest sanction measure for property owners to distinguish between serious breaches of obligations. It reflects the value of the law and the principle of good faith in civil law and the inherent requirement of prohibiting the abuse of rights. China should establish a system of deprivation of ownership of buildings based on the common interests of the owners of the buildings, and distinguish owners of serious breaches of their obligations. When other measures are not sufficient to prevent the occurrence of the consequences of harm, China should follow the statutory procedures and the Owners’ Committee Appeal to the court to be deprived of.