区分所有建筑物空间关系与登记簿重构的思考

采用文献资料分析法、归纳总结法探讨城镇地区区分所有建筑物空间关系,思考统一登记理念下建筑物区分所有权登记,建筑物区分所有权是区分所有建筑物专有部分所有权、建筑物共用部分持分权、基地权利及因共同关系所产生的成员权等四要素构成的一种“复合物权”;建筑物区分所有权人以区分所有的意思到不动产登记机构申请登记后才具有法律效力。考虑区分所有建筑物空间关系重构不动产登记簿,对推动不动产统一登记具有实践价值。

The Ownership of Apartment Building and Pondering a Unified Registration System Over Realties

The purpose of this paper is to discuss all problems of building differentiation ownership faced by the people living in urban areas and think about the problems of building differentiation ownership registration in the concept of unified registration.Methods employed include literature material analysis and summary method.The result indicates：（1）Building differentiation ownership is a kind of“composite”real estate ownership constituted by the rights of the separation parts of the common parts,the ownership of the proprietary parts,building base rights and Member Rights produced by common relationship.（2）Building differentiation ownership can’t be provided with legal effect until the people of building differentiation ownership go to the real estate registration agency to apply for registration with the meaning of differentiation ownership.The conclusion is that blending the element of building differentiation ownership in the realty register has practical value to promote unified registration of real estate.