Research On The Owner's Right Of Revocation

With the promulgation and implementation of Property Law of the People ' s Republic of China in 2007,the system of the owner' s right of revocation in China has been established for nearly ten years.The establishment of related judicial interpretation makes this system perfect.There are obvious differences between the owner' s right of revocation and the other systems of revocation right in the civil and commercial law,but the Property Law is lack of explicit stipulation about the particularity of the owner' s right of revocation,which leads to the theoretical defects and system plights of this right.This paper provides detailed comparison of the owner's rights of revocation to debt law as well as other right of revocation,and finds that although all these rights of revocations belong to right of formation but their legislation purpose,the way of exertion,the subtitute qualification and other aspects are different.Base on the theories that are remedy of defects of democratic mechanism and the balance of interests,we should make a research of the scope of the subject of the owner' s of revocation and qualification of interested party.Besides,it introduces a view that non owners are not suitable to be subject of the revocation.As to the problem about lawsuit qualification of the owners' congress and the owners' committee which makes the theoretical circle disputes a lot,through combining judicial practice cases,this paper demonstrates the necessity of the qualification of the owners' committee.The paper puts forward that we can use defective resolution relief theory to analyze the the validity to repeal decisions made out by the owners' congress,and defines the legal rights in the exercise of the owner' s of revocation.By analyzing the substantive conditions and program condition,it tries to clarify the relationship between the owner' s of revocation and the scheduled period,and suggest to shorten the period to 60 days.At last,through analyzing the validity of the right of revocation to different subjects,the paper put forward some suggestions based on the related regulation and laws abroad,wishing to improve related legislation and practice in our country.