Research On The Legal Status Of The Owners Committee

With the development of China’s housing system reform and property owners ofautonomy are widely subject to the attention of the owners. Owners’ committee asimportant manifestations of the owners of autonomy, nature plays an irreplaceable role.However, very unfortunately, the legal system of the owners’ committee under theframework of the existing legal system can not meet the needs of legal practice. This isvery detrimental to the autonomy of the majority of owners to exercise owners. Therefore,only the civil legal status of the owners ’committee to make an accurate positioning inorder to lay a good foundation for the effective operation of the owners’ committee in thepractice of the judicial system. This article, the author through the confirmation of thequalification of civil subject of the owners ’committee, the definition of the status of civillegal proceedings legally qualified to determine and legal responsibility of the identifiedissues such as legal analysis in an attempt to establish a scientific and rational legalsystem of the owners’ committee their own proposals.In This article, I first of all through the exposition of the development ofcondominium ownership and property, to clarify the concept of owners’ committee, andclear and the relationship between the owners and the owners’ meeting, is derivedbetween the owners and the owners’ committee entrusted with agency relationship, andthis agent should be are anonymous proxy. Secondly, in the second section, the author,through the analysis of the criteria of the qualification of civil subject, made their views:as to the "independence of voluntarism" and "civil subject of functions of the criteria forqualification of civil subject. Then these two standards look at the owners ’committee,owners’ committee has the qualification of civil subject conclusion. Subsequently, in thethird section, the author expounds the status quo of the domestic theory and legal practiceon the owners’ committee, as well as comparative law analysis described the mode offoreign legislation on the owners’ committee, to support civil legal status in order tofurther determine the owners’ committee. In the final part, the author focuses on theirown some of the legal reconstruction of the legal system of the owners’ committee idea.First, it should determine the owners’ committee unincorporated association (the" other organizations”in the Contract Law and Civil Law) of civil legal status, and can refer tothe partner system to determine the relationship between internal members and externalaccountability commitments. Second, according to civil litigation served as a theory,deduced the owners’ committee have access to civil litigation subject qualification, onbehalf of all owners to participate in a civil action. Third, determine the subject andnature of the owners’ committee responsible for foreign jointly and severally liable to thecommitment of the owners’ committee clear legal responsibility: all the owners behind ofthe owners’ committee.