Research On The Right Of Owner To Co-management

The right of co-management refers to that owner have right to co-management the building and undertake obligations, which is root in owner have proprietorship for individual house, partnership for public property. The right of co-management derived from the condominium ownership of building .The Real Right Law on the definition of the condominium ownership of building accept the triadic theory, but not completely copy the triadic theory, it use the co-management right instead of the member ownership right. This provision is mainly to emphasize that owner have right to management the public property. The co-management right is not the same as the member ownership right. There are exist certain differences in the scope and foundation of right., the co-management right belong to the member ownership right.The nature of the co-management right decide it need a owners group to exercise it .Our current law does not to draw into the concept of owners group, the developed countries have more closely provisions of owners group, different countries have different legislative models. According to our national conditions, it is necessary to draw into the concept of owners group by provide clearly in law , do not characterized it as legal persons, but give it a certain qualifications of civil subject. This will not only make the legal relations between owners group become more clear, but also simplify the procedures established by the owners group.At present, our country did not to pull into the concept of owners group, the owners assembly and the owners committee are the main institutions for owners to exercise the co-management right. The owners assembly as the highest decision-making institutions of proprietors'autonomy association, theorists have different opinions on the nature of law: body corporate theory, unincorporated society theory, uncivil subject theory. Currently , the owners assembly is not complete unincorporated body in our law, which is lack of standing to sue. Through giving owners assembly standing to Sue, establishing the owners team as owner assembly branch, standarding written submissions and other measures to improve the owners assembly system. Meanwhile, to detail the relevant provisions of the owners committee, to enhance the supervision of the owners committee and the real-estate service enterprise, and to divide the duty of executive departments and mass organizations of self-responsibility, in order to protect the co-management right realize.