Study On The Litigation Subject Qualification Of Owners’ Committee

Owners committee system has been established over thirty years in our country.Because the civil legal status and qualification of litigation subjects have not been clearly defined in legislation,owners committee has various problems in the process of participating in litigation.Is the owners’ committee a civil subject? Does it has the qualification to be the subject of litigation? Does the procedure of changing the term affect the qualification of the subject of litigation? These issues have not only been controversial in the academic circles for a long time,but also in practice,different courts have different opinions in handling similar cases,which seriously damages the judicial unity.Based on the analysis of relevant cases involving the qualification of litigation subjects of the owners’ committee and combining with the existing theoretical research results,this paper sorts out and analyzes various problems existing in the qualification of litigation subjects of the owners’ committee,and on this basis,discusses in detail how to identify the qualification of litigation subjects of the owners’ committee.In addition to the introduction and conclusion,this paper is divided into three parts,the main content is as follows:The first part: This paper introduces the problems through two cases,and on this basis analyzes the regulations and deficiencies of qualification of owners’ committee litigation subjects in the legal practice,and points out the necessity of identifying qualification of owners’ committee litigation subjects.The second part: Discuss some basic problems related to the qualification of the subject of litigation of the owners’ committee.The content mainly includes the owner’s differentiated ownership of the building,the evolution of the owners’ committee,the role of the owners’ committee and the relationship with the owners’ conference,and also introduces the different theories and viewpoints on the legal status of the owners’ committee.The third part: on the basis of the first two parts,how to specifically identify the owner’s committee litigation subject qualifications to carry out a discussion,this is the main content of this article.Under the background of not introducing the concept of owners’ group,from the actual situation,we should clarify the status of the owners’ committee as an unincorporated organization,make it clear that the owners’ committee has complete qualification of litigation subject and is not affected by the succession procedure,and combine specific cases to discuss the existing problems of the owners’ committee in determining the qualification of litigation subject under different circumstances.Finally,this paper briefly discusses the cancellation or simplification of the authorization procedure of the owners’ committee to participate in the lawsuit and the assumption of the risk of losing the lawsuit.