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Analysis Of The Owners The Right To Know

Posted on:2013-10-18Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y YinFull Text:PDF
GTID:2246330395988350Subject:Law
Abstract/Summary:PDF Full Text Request
Owners the right to know the owners to understand the construction divisions involvingthe rights of the owners were entitled to and the right to co-management related matters.Owners the right to know disputes have become a new type of cases in civil and commercialcases in the current People’s Court at all levels. In accordance with the provisions of Article13of the Supreme People’s Court "interpretation" on the trial of condominium ownershipdisputes over the application of law, the owners request announced inspection of buildingsand ancillary facilities maintenance fund industry, the Commission’s decisions and meetingsrecord, part of the total income, property, service contracts and other information andmaterials, the people’s court should be supported. Judicial interpretation made explicitprovisions for the scope of the owners’ right to know the owners to exercise their right in areasonable manner, should be protected by law.Ⅰ Elaborate study of the owners the right to know the practical significance.Ⅱ Brief introduction to the five owners to appeal the district industry, the Commissionand the property company to obtain the right to know the case. The main content in this partof the case cause of action, the court identified the fact that the two defendants argued that inthe proceedings and the verdict of the court.Ⅲ The main contents include the divergent views of the author of the induction of thefocus of the case and the parties to the case.Ⅳ This part is the soul of this thesis. Include the following seven areas in the maincontent.a. Owners ’right to know: the status of the owners’ right to information system in China,combined with the relevant provisions of the Property Management Regulations "and"Consumer Rights Protection Act, summarized the owners the right to know should include thecontent.b. Recognition of the right to know the main obligations: legal relationship betweenowners and property services companies, the owners and the owners’ committee, to come tothe identified property services businesses and the owners’ committee should be the mainobligations of the owners’ right to know.c. The main obligations to the owners to fulfill their obligations: the actual situation, todetermine the manner of the owners the right to know the main obligations to fulfill their obligations, the creation of the owners the right to know the main obligations to reportregularly on the public system.d. Property owners the right to know the hurt Remedy Remedy: induction after finishingthe owners the right to know have been infringed, and a variety of channels for relief to bebrief.e. Maintenance of the owners the right to know the obstacles and impediments: throughanalysis to identify two of the protection of owners’ right to know the focus of controversy ofthe aforementioned few, that is, there is no specific implementation details and propertyrecords management is not perfect.f. Maintenance of the owners the right to know the obstacles and impediments: throughanalysis to identify two of the protection of owners’ right to know the focus of controversy ofthe aforementioned few, that is, there is no specific implementation details and propertyrecords management is not perfect.g. Suggestions in this case: the combination of analysis on these issues, to present theirviews on the handling of the case.
Keywords/Search Tags:Property Owners the Right to Know, The Owners’ Committee, Property Management Regulations, The Property Services Business, The Burden ofProof Upside Down
PDF Full Text Request
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