The Owners' Rights In The Relationship Of Property Management And Their Protection In Law

In our practice of property management, the phenomena of disputes and invasion the owners'rights and interests emerge in endlessly. Though the "property management ordinance"that enacted by State Department not only had supplied a gap to integrate the property management law, but had provided ensure by law to facilitate the development of property management and protect the owners'rights, the flaws of ordinance itself and the incomplete correlative system can not adequately protect the owners'rights. This thesis includes three parts to research the problem of the owners'rights in the relationship of property management and their protection in law. The first part solves the basic problem such as the range of owner and the legal status of the user. This part suggests that the range of owner should be limited by suppose of "life expenditure"in order to distinguish the owners and the real estate inventors, which services for sorting out the complex legal relationship of property management. The second part introduces the development of owners'rights in western countries and in our homeland, and then is based on the theory of owners'rights of building distinguish and the theory of delegation and agency, which provide a theory foundation for owners'rights. In addition, this part also analyzes the type and the content of owners'rights in the relationship of property management. It not only makes the owners implement their rights conveniently and completely, but guide the legal development. The third part analyzes the present situation of protecting owners'rights in our law, including the positive aspects and the optimistic ones. After introducing the legislation model of property management in other countries, this part approves the rationality and feasibility of our model of property management law by analyzes the advantages and disadvantages about these models. At last, following the basic principles of our property management law and regarding the model of property management law as a base, this part provides relevant countermeasures to improve the legal system.