Research Of The Validity Of The Owners Assembly Resolution

With the reform of housing system and the acceleration of urbanization,the problems of owners autonomy gets more attention.The way to realize autonomy for theowners is mainly through the system of the owners assembly resolution,which is regulated in “Property Law” and “Real Estate Management Regulations” and other laws.In the chapter Legal act in “General Rules of Civil Law”(draft),the regulation of resolution adds in this law.Although the law defines the resolution as the legal act,what's the nature of resolution is still in debate,and it's necessary to study further.There are corresponding regulations about the owners assembly resolution in “Property Law” and other laws,but there are some legal loopholes in the provision about defect in potency of owners assembly resolution:only regulating the revocable resolution defect of owners assembly resolution in the law,the owners can hardly protect themselves from the owners assembly resolution in defect.And the court can seldom handle it in right way,so there is absolutely a need for comprehensive theoretical research.The center of this paper is the validity of the owners assembly resolution,and it will discuss the nature,the category of defect in potency and relief system.The fist part intends to raise questions,first of all,it will introduce corresponding provisions about the owners assembly resolution,according to analysis of the problems in the cases,it will show the defect to solve the problems with current law.The second part is mainly about relevant regulations of the owners assembly resolution,in this chapter,it firstly describes legal status of owners assembly,basing on cementing the different viewpoint of nature of resolution,it can conclude that the resolution is a legal act which is group autonomy in autonomy of private law.The third part it firstly summarizes the types of defect in the community resolution especially about the resolution of general meeting of shareholders.,and then use for reference its mature theory.Only regulating the revocable resolution defect of owners assembly resolution in the law,it is rational to add regulation in invalid and inexistent defect,and then classify this three kinds of the validity situationin detail,at last it figures out the effect of the defect in the owners assembly resolution.The fourth part mainly talks about the relief system when it exists flaw in the owners assembly resolution.The way for remedy can be divided in noncontentious proceedings and litigation procedure,the noncontentious proceedings mainly include ratification for the resolution and administration cancellation,the litigation procedure is mainly about the invalid and inexistent action for the owners assembly resolution which current law don't regulate,and then improve the cancellation suit of owners assembly resolution,finally discuss briefly about how to protect the third party acting in good faith.