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Comparison And Study On Legal Issues Of Cross-Strait "Law Of Property Management" And "Law Of Rules Of Apartment House"

Posted on:2005-05-04Degree:MasterType:Thesis
Country:ChinaCandidate:S G GuoFull Text:PDF
GTID:2156360122985293Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the on-going economic development in this country, the real estate business, particularly in the district of Shanghai, is booming accordingly. Most real estate is related to tall multi-storey buildings other than flat constructions only. The tall multi-storey buildings are accommodated with resident fami lies ranging from tens of households to hundreds of households. Given this, disputes are likely to arise from the use and management of the property covered in the public utilities in the buildings due to residents' different life styles. For example, all of the residents might have different ideas about the public utilities like swimming pool, garden and parking space. Further, it is also necessary to make uniform rules and policies of the maintenance of all residents' safety and health and also management on "persons" for entrance guard through the vote of the whole inhabitants, so as to govern all inhabitants and upgrade their life quality.Considering that not any legislation of property laws is made in this country for the time being but only certain province, county and city governments have promulgated the management rules of the above-mentioned tall multi-storey buildings, the "Law of Property Management" was passed by this country on May 28, 2003, which was intended to establish a well-founded management system, govern the interactive relations among all inhabitants in the buildings and diminish disputes among neighbors as far as possible to maintain all inhabitants' life order, in order to unify all relevant rules and meet the public' s demand. Nevertheless, in terms of the contents of the Law of Property Management, either no provisions are expressly provided for with respect to owners' votes and the effect, manner and agenda thereof, or there are certain provisions that appear to be defective. What is above, the Law fails to define the status of an owner committee expressly. Given this, the author wishes to provide interpretation and study on the topic about ownership in common by referring to Taiwan' s Law of Rules of Apartment House. Meanwhile, the author hereby makes the comparison of the issues in law arising from the enforcement of the laws and regulations governing collective households in cross-straits.The study consists of three major parts. The first part is to introduce the legislative background and principles of the Law of Rules of Apartment House applicable in the territory of Taiwan, with a rough introduction of the major scope regulated in the Law. The second part is to discuss the nature and legal capacity of owner commissioners, identify whether they are eligible to act as parties in legal proceedings, and also to study the difference in the relevant provisions as provided by the Law of Property Management in this country and Law of Rules of Apartment House applicablein the territory of Taiwan, to cope with the issues in law arising in the processing of the proceedings. The last part is to probe whether the competence of proxies resolved in an Owners' Meeting is limited and to propose the potential issues. Furthermore, the study also discusses whether the legal effect of resolutions made in an Owners' Meeting extends to successors and whether there are different provisions thereof provided in the cross-straits. Additionally, the study is oriented toward the probe of legislations and issues in law in the various countries with respect to the actions to be resolved in an Owners' Meeting to remedy any law-breaking conduct and whether an Owners' Meeting will sort the votes subject to the different agenda. The author will also provide interpretations on the above-mentioned legal issues in the territory of Taiwan based on established legal opinions. In conclusion, the author will explain about the enforcement of legal effects of contracts for parking lot registration commonly applicable in the territory of Taiwan, namely what the legal effects of the agreements for exclusive use of public utilities are and whether such legal effects afford to stand against any third party. The...
Keywords/Search Tags:Cross-Strait
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