Research On The Party Eligible Of Property Contract Litigation

The status of the parties in the property litigation is an important issue explored in The theory and judicial Practice.no mater "Property Management Regulations "or high hopes"Property Law" have taken a more ambiguous attitude on this issue.This also led to around the court at a loss in the face of the owners rights complaint filed by the owners’ committee.October 1,2009 the Supreme Court on a number of issues on the trial of the specific application of the law of property services disputes the interpretation of provisions of the owners’ committee has a certain right of action.It has taken an important step to resolve property contract disputes.But what about the owners’ committee was given the theoretical basis of the plaintiff qualified,whether the litigation rights of the owners’ meeting,the party to the proceedings of the individual homeowners eligible attributable to all of the owners,the owners’ committee for the litigation interests of the parties(including the possibility of losing results)why and other issues.witch still needed to discuss.another,the property contract party to the proceedings is not only purely procedural law’s problem.It is portrayed as an independent body in the procedural law on the substantive law may also attainable legal status.Therefore,how to locate the owners ’committee and the owners’ meeting in the substantive law,So how to locate the owners ’committee and the owners’ meeting in the substantive law and how the capacity of civil rights also need to make a reasonable description of the interpretation of the theory.This paper,combine the study of the problem on the basis with the new trend of the current judicial practice development at the same time system improvement on these issues more comprehensive recommendations.In addition to the introduction and conclusion,the text is divided into three parts.First part is the reality of our property services contract litigants system.Defined property contract litigation related concepts.And describes the background theory,Then combined with the relevant legislation,judicial interpretation over the guidance of the High Court and the judicial precedents.Empirical investigation of the status quo of the property contract litigants system in.The second part is the theory of property contract litigants.Party to the proceedings of the part from the procedural law entity combining new perspective to the property contract party to the proceedings,with parties proper main line,theoretical discussion of the main parties of the property contract disputes,and a specific type of property contract eligibility issues one by one analysis.I believe that the current judicial interpretation to give the parties the ability of the owners ’committee while avoiding the owners’ meeting the parties ability to slightly pursuit of practical enough suspected pursuit of rigor to the theory.The third part is the property contract litigants system in perfect.Respectively,from the three dimensions of the procedural law and substantive law,and the surrounding supporting management system to make specific recommendations.The combined system and discusses its feasibility and significance.Out of the need to resolve disputes,the need to improve the specific problems of the litigants,but the fundamental way to solve the problem is still through the modification of the substantive law,as soon as possible recognition of an independent legal personality of the owners group.