The Effectiveness Of Management Stipulation

With the development of society, the increasingly scarce land resources, in order to adapt to the needs of the development of urbanization, building differentiation all institutions arises at the historic moment. Modern various countries and regions are widely recognized in differentiation ownership building differentiation all inside the village autonomy, one of the very important aspect is the owner management stipulations autonomy. Owner through owner congress meaning expression form accord on the management concludes jointly building protocols, its intention is to ensure that the free space differentiate owner, and so it can self-responsible form his own life and promoting distinguish all buildings and facilities of the value, use the convenience and maintain healthy living environment of peace and harmony. In view of the effectiveness of management stipulation to the owner of the right exercise, this paper has great influence on the effectiveness of management stipulation, and corresponding issues of theory and practice is expected to contribute the perfect.The first part of this text firstly introduces the concept of management stipulation and properties, analyzed the management stipulations have contractual and autonomy, and then discusses the two properties of the nature of management stipulation for code, and the influence of effectiveness to undertake below the specific research played management stipulation. The second part explore the management stipulation concluded come into force, discusses the effective management stipulation elements, scope and effectiveness authenticity. The third part is management stipulations on by the owners and common power with the agreement of the validity. Management stipulations in protecting individual autonomy, but also mean freedom in the pursuit of public interest balance, its focus on personal interests and public interests coordination, the pursuit of justice on real significance. This part the author expounds management stipulations on by the owners and common rights violation of statutory procedures agreed and when the validity of the statute and the content. The fourth part is about to the owner of the exclusive rights of management stipulation restriction and effectiveness. The author first analysis management stipulations on homeowners exclusive theoretical basis for restrictions under building differentiation ownership of personal meaning, have limited limit ownership, and fully guarantee the rights of individuals not be suppressed, guarantee the essential content of ownership. In a further study management stipulation to the specific regulations and restrictions exclusive to limit the effectiveness of the problem not proprietary rights, and puts forward some modest proposal for our country distinguish all buildings, residential management stipulation contribution system.