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建筑物区分所有权是一种由专有部分所有权、共有部分持分权、成员权等三种权利构成的复合型权利。表决权是业主成员权的重要内容,是业主有效管理公共性物业财产权益的核心内容。但立法及理论上,对表决权未予以足够重视,有关表决权问题的处理不统一。本文通过对业主表决权的确定标准和行使等方面的问题进行分析探讨,以期对业主的表决权提出一些参考性建议,促进相关制度的完善。
Distinguishing ownership of buildings is a complex right consisting of ownership of the proprietary part, partial ownership of the share, and membership rights. Voting rights are an important part of owners ’rights and are the core content of owners’ effective management of the property rights and interests of public properties. However, in legislation and theory, the voting rights have not been given enough attention, and the issues concerning the voting rights are not unified. This article analyzes and discusses the criteria for determining the voting rights of the owners and their enforcement, with a view to making some suggestions for the voting rights of the owners and promoting the improvement of the relevant systems.