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Research On Legal Problems Of The Owners Autonomy

Posted on:2012-03-19Degree:MasterType:Thesis
Country:ChinaCandidate:X M SuFull Text:PDF
GTID:2166330335969925Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Currently, the living form in most urban places in China is having took place earth-shaking changes. The system of housing allocation has gone, housing is no longer a public grant, citizens need spend their life savings, even their future income to buy a house, they gradually get into the era of commercialization of housing. With the housing system reform, the housing owners are more interested in the implementation of property and the quality property service. So, the maintenance of buildings and its subsidiary facilities and the establishment of a harmonious living environment become more and more important. "Property Law" and "Property Management Regulations" cleared the distinction of ownership between the building owners and established the basic framework of owners' autonomy, which indicates that China has established a new system of real property, and that China has included the owners' autonomy into the orbit of legalization and standardization. But the avoidance of "Property Law" on some sensitive legal issues, result in the indistinctness of the nature of owners' autonomy, the procedures owners' assembly meeting, the legal status of the owners' committee. So, there are several disputes with the process of owners performing their autonomy right. Therefore, the right needs to be protected.This paper learned from the basic theory of owners' autonomy, compared the legislative model of owners' autonomy between several countries and regions, according to China's current situation, and then introduced the concept of "owners group". Based on the social surveys of the owners in Tianshan district in Urumqi, I straightened out the relationship between the owners groups, owners' assembly meeting and owners' commission, found several defects from the program and effect of owners' commission, and then recommended some suggestions, in order to contribute my own strength to designing owners autonomy institution which agrees with China's national conditions and establishing more reasonable owners autonomy system.
Keywords/Search Tags:owners autonomy, property law, property management regulation
PDF Full Text Request
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