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近几年物业纠纷诉讼案件的数量呈不断上升的趋势,但相当数量的案件并非真正意义上的业主与物业服务企业间因物业服务而产生的权利义务纷争,而是由于业主对自身权利内容的错误认识及诉讼实现途径的错误选择形成的物业纠纷案件。为使业主及相关权利冲突主体全面了解和掌握与不动产物业持有和利用相关的民事权利,从而能够正确选择实现民事权利的诉讼实现方式,减少权利实现成本和诉讼资源的浪费,本文从我国现行法律制度对业主持有和利用不动产权利的规定入手,重点对业主的建筑物区分所有权和相邻权等物权的诉讼实现方式,以及业主商品房买卖、供用能源、物业服务合同等合同债权的诉讼实现方式进行概括阐释。
In recent years, the number of litigation cases of property disputes has been on the rise. However, a considerable number of cases are not real disputes over rights and obligations between property owners and property service enterprises, but because property owners’ rights and interests Misunderstanding and lawsuit to achieve the wrong choice of the formation of the property disputes. In order to make the main conflict between owners and related rights fully understand and grasp the civil rights related to the holding and use of real estate property so that we can correctly choose how to realize the litigation of civil rights and reduce the cost of realization of rights and the waste of litigation resources, The owners of the ownership and use of real estate rights provisions of the start, focusing on the owners of buildings distinguish ownership and the right to adjudication and other real estate litigation approach, as well as the owners of real estate transactions, for energy, property services contracts and other contractual claims of litigation to achieve For a general explanation.