| The owner, the original intention refers to industrial or enterprise's owners. But tookunder condominium all shapes the special-purpose concept, the owner is the propertyrights person who refers to the house. In our country as a result of to owner right thefundamental research insufficiency and legislation backwardness, enable the ownerright to suffer injury repeatedly cannot obtain the effective rescue.This article is divided three parts, carried on to the residential district owners rightand the legal protection question elaborated:The first part explained the owner enjoys right. The residential district owner enjoysthe right acts according to its nature to be possible to divide are three kinds: Thecondominium ownership, the authority and the creditor's rights which has based onthe property contract of service. The condominium ownership are owners basic right.The authority actually includes person's mixing property right, its content mainembody following several kinds: One is the right to vote; Two, participates in theformulation terms of an agreement power, Three is the voting right; Four is thesupervisory authority; Five, request power. The owner enjoys the third kind of poweris based on the property contract of service creditor's rights.The second part is the analysis which carries on to the owner right legal protectionpresent situation. First, detailed research different level laws and regulations to ownerright stipulation. As national basic the Constitution, has the highest legal effect. Inwhich about aspect and so on private property,housing, rights of citizen stipulationsand the principle is certainly suitable to the owner. For example, the13th: "Citizen'slegitimate private property frees from aggression. The country protects citizen'sprivate property rights and the right of inheritance by law." In legal stratification plane,like "General provisions of the civil law" the 71st stipulation: "The property rights arerefers to all people to enjoy legally to the own property hold the right which, the use,the income and punish." "Property of laws" first time has made the arrangement bythe civil fundamental law form to the real right legal regime, has carried on thedetermination to the owner rights and obligations relations, its promulgation and theimplementation will certainly to have the profound influence to the owner rightprotection. "The law of contract" regarding the owner, is they defends oneself right an important legal instrument, because the owner has a sexual intercourse the buyinghomes contract which the real estate developer signs, the same estate managementcompany's property contract of service, all is adjusted "Law of contract". "Estatemanagement Rule" has explicitly stipulated owner's in estate management ten bigrights as the administrative rules and regulations.Next, in had pointed out specifically the present laws and regulations after the ownerright protection positive aspect, narrated and commented in detail were at to the ownerright protection flaw.The third part proposed consummates our country to legislate, protects the ownerright ten big legal countermeasure: One, perfect owner joint pledge system; Second,reduces the owner congress to resolve the condition, in order to help ownerautonomous; Third, entrusts with the owner the congress lawsuit main bodyqualifications; Fourth, explicit owner committee's legal status, perfect ownercommittee legal regime; Fifth, explicit property developer in estate management duty;Sixth, in the explicit estate management relations is connected the main bodyresponsibility; Seventh, the consummation estate management incurs the bid system;Eighth, consummation property service charge control system; Ninth, consummationestate management enterprise intelligence control system; Tenth, consummatesbuilding and attached facility service fund control system. |
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