论文部分内容阅读
《物权法》确认了建筑物区分所有权这一新的物权形态。为贯彻《物权法》的有关建筑物区分所有权的规定,最高人民法院最近发布了《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》和《关于审理物业服务纠纷案件具体应用法律若干问题的解释》。随着城镇居民拥有商品房数量的增加,建筑物区分所有已经成为城镇居民的主要居住场所形态,由此而产生的纠纷不断显现,这类案件不仅涉及的范围广、影响大,而且矛盾冲突激烈。为了准确地理解与适用相关法律法规和司法解释,需要对《物权法》的相关规定从解释论的视角展开研究,使之为相关案件的审理提供逻辑圆满、理论自治的理论参考。有鉴于此,我们选取了一个典型案例进行分析探讨,以就教于法学界和实务界同仁。
The Property Law confirms the new ownership pattern of buildings. In order to carry out the provisions of the Real Right Law concerning the separation of ownership of buildings, the Supreme People’s Court recently released the Interpretations on Several Issues Concerning the Specific Application of Law in the Trial of Disputes over the Ownership Differentiation of Buildings, and Several Issues Concerning the Specific Application of Law in the Trial of Disputes over Property Services explanation of". As the number of urban residents owning commercial houses increases, the buildings distinguish all the main residential places that have become urban dwellers. The resulting disputes are constantly emerging. Such cases not only cover a wide range, have a great impact, but also have intense conflicts. In order to accurately understand and apply relevant laws, regulations and judicial interpretations, it is necessary to study the relevant provisions of the Real Right Law from the perspective of interpretative theory, so as to provide a theoretical reference for the trial of the relevant cases to be logical and autonomic. In view of this, we have selected a typical case for analysis and discussion, to teach in law circles and practitioners colleagues.