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在建筑物区分所有制度中,除住宅和经营性用房是当然的专有部分之外,地下室、车库车位、绿地、露台等在符合一定条件的情况下也可构成专有部分。但是,根据我国现行关于专有部分登记范围的规定,某些专有部分尚不能登记,由此导致了权属不明、阻碍交易、削弱保护等一系列问题。根据我国《物权法》的规定,登记是不动产物权的公示方式,因此,专有部分的登记阙如问题亟待解决。本文通过明确建筑物区分所有权的专有部分,揭示其登记阙如问题,并对其解决路径予以分析,进而提出完善建筑物区分所有权登记制度的相关建议。
In all systems of building division, basements, garage parking spaces, green spaces, terraces and the like may also constitute a proprietary part subject to certain conditions, except that residential and commercial premises are, of course, proprietary. However, according to the current regulations on the registration scope of the proprietary part in our country, certain proprietary parts can not be registered yet, which leads to a series of problems such as unknown ownership, obstructing the transaction and weakening the protection. According to China’s “Property Law” requirement, registration is the real estate property of the publicity, therefore, the registration of the proprietary part of the problem should be solved urgently. In this paper, by clarifying the distinctive part of ownership of buildings, we can reveal the problem of its lack of registration and analyze its solution path, and put forward some suggestions on how to perfect the registration system of ownership of buildings.