On Condominium Ownership Of Members Of The Right

The establishment of membership is almost uncontested among theorists.The emergence of distinguishing building property is the objective foundation of membership,while distinguishing the ownerships of more than tow parties is the subjective foundation.The nature of membership can be explained as to distinguish the ownership by owner of the building in order to exercise ownership collectively and achieve the autonomy over ownership.It is a right which has the characteristic of subordination,necessity of continuation,private law attribute,property law attribute and humanity.The subject of membership is building owner and actual user.While the owner of the building is willing to transfer the use right to the actual user of the building,some parts of ownership will be transferred as a result. The actual user of the building enjoys limited membership;hence,he shall bear the corresponding obligations.These obligations refer to the obligations under the management of service personnel,but would be exempted in the situation of ownership being deprived,auctioned and secured by service personnel.The core of membership is defined as how to exercise autonomy collectively in order to draw a line between different ownership of buildings.Hence,study on how to achieve above goals is critical.There are several approaches over the issue,and how to choose any of the approaches shall be depended on owners.The principle of private right autonomy shall be insisted while making the relevant laws in order to modify the inventions over exercising the ownership by the owners in present laws.There are two main points of this assignment,which are referred to the management convention and the managing group.The management convention is the supreme governing rules,which the laws shall well-define their legal status,effectiveness and remedies for the owners when the building developer infringes their rights by improper designed management convention.There are three methods in drawing lines between different managing groups in countries,including recognizing it as legal person by law,recognizing it as non-legal person by law and recognizing it as legal person conditionally.The above methods have advantages and disadvantages,but the main trend is to recognize the managing group as a legal person.When the members of the group are minor,they can all join the management directly.When there are more members in the group,it is necessary to establish an organization to exercise the management,hence, owners' meeting is the organization of will and the management committee is the organization of execution.Finally,it is also discussed in this article on the nature,content,legal effect and operating rules of management convention and the legislation suggestions are also provided.