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Research Into Legal Issues Of The Proprietor Community

Posted on:2006-04-29Degree:MasterType:Thesis
Country:ChinaCandidate:M WuFull Text:PDF
GTID:2166360155454508Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The proprietor community is brand new along with the reform in the house system in our country. When the ages of welfare houses distribution is over, being a common good, the house property began to march into the commodity circulation. Unprecedented concerns are paid to the house property for the free bargaining market. At the same time, the improvement of the economic conditions and the elevation of living standard make people have a higher request for the dwelling conditions. The real situation in China nowadays is that house property is generally not alone. Many persons reside in a property district which is formed by an apartment or a few apartments. The proprietors own many common parts, and it is nature to generate the conflicts because of the different interests. It is necessary to constitute the group to conciliate the conflicts. So it is necessary to form a group idea by the resolution, restrict the behaviors through the endorse of proprietor convention, protect the facilities in common, maintain the atmosphere of dwelling, hereby the formation" the proprietor autonomy". The organization made up by all the proprietors in a property district is called the proprietor community. The dissertation will make a research on the four concerning questions about the proprietor community, which aims to get a deeper comprehension of the legal subject, and expect to have the benefit to the proprietor autonomy system. The text is divided into as following several parts. The first chapter is "basic theory of the existence of the proprietor community". The proprietor community is called "the community of ownership in horizontal divisions of a building"in the countries which regulate ownership in horizontal divisions of a building .It is clear that the owners of the real property have the ownership in horizontal divisions of a building, so it is necessary to constitute a community. In conclusion the proprietor community is based on the community of ownership in horizontal divisions of a building. This chapter is constituted by three sections. The first section is "ownership of the horizontal divisions of real property and the proprietor community".There are three doctrines about the contents of ownership in horizontal divisions of a building. But doctrines all admit that the object of the right is the building which can be distincted , i.e., the distinguish particularly parts and common parts. It is inevitable to bring into group relations for the existence of common parts. The second section is "Ownership-in-common and the proprietor community"Ownership-in-common are the rights which all proprietors occupy, use and lucre the common parts. The right is a part of ownership in horizontal divisions of a building. It is complicated and particular which is different from common ownership. So it is necessary to institute a proprietor community, make clear the usage of the common part and the facilities and the rights and duties of every proprietor which are all decided by these characteristics. Only adopting the form of the group, the proprietor can have a uniform idea, and reduce the occurrence of trouble. The third section is "membership right and the proprietor community "After analyzing to the generation basis and the rights of the membership rights, we can concluded that membership rights owned by proprietors are the basis that the authorities owned by the proprietor community. If every proprietor exerts his membership right, the management of the proprietor community can exert its effection. The second chapter is "legal character of the proprietor community".As a legal subject, the author makes a discussion about whether the proprietorcommunity is a artificial person or a none-juristic person .This chapter is constituted by two sections. The first section is "several doctrines of the legal character of the proprietor community and the comparative analysis"There are four doctrines about the legal characters of the proprietor community within the scope of world. General speaking, it mainly orientate the proprietor community as artificial person or none-juristic person. These two orientations are all benefit, and there are causes in every countries and districts, the author makes the discussion respectively. The second section is "discerning of the character of the proprietor community in our country". There are some regulations about the constitutes and the authorities of the proprietor community, but it is absent to the orientation to the characters of the proprietor community. Through the analysis to the legislative of none-juristic person, we can know that there are not uniform regulations of none-juristic person and it has not personality for the scarcity of independent property. If we orientate the proprietor community as the none-juristic person, It will be inconvenience when burdening the debts and in a lawsuit to the members. So we can choose a flexible mode, the characters of the proprietor community is the none-juristic person which come into existence naturally, if most proprietors make a decision to set up a artificial person, it can become a non-profit caste person by registration. The third chapter is "authorities of the proprietor community". This chapter is constituted by two sections. The first section is "derivation of the authorities of the proprietor community". In the development process of our country, some important authorities changed from the proprietor community to the proprietor committee. In this part, the author makes the analysis to the two representativelegislations, the legislation of shenzhen city and tianjin city and discuss the necessity and the inevitability. The second section is "the amplitude of the authorities of the proprietor community". The authorities of the proprietor community mainly involves as follows: draft and revise the proprietor convention and the rules of procedure of the proprietor community; Empanel and replace the commissioner of the proprietor committee, mainly discusses if the status and quality of the commissioner are limited. choose and dismiss the property enterprise; Decide the scheme of the use and extend of maintain capital .Decide the scheme of the part of share in common and its facilities, mainly the use,lucre,improve and dispose of the part of share in common. The author expatiates the important authorizes and discusses the questions which attention should be paid The fourth chapter is "relations of the proprietor community and other proprietor autonomous organizations". The proprietor community is a group, the establishment of its inner institutions are similar to the general social group. The proprietor committee is the representative of the proprietor community and administrative institution, the proprietor group is the affiliate of the proprietor community, they all have great effections in the proprietor autonomy system. This chapter is constituted by two sections. The first section is "relation between the proprietor community and the proprietor committee". The proprietor committee is called" administrant" in most countries and districts. The relations between the proprietor committee and the proprietor community can be divided into two categories: It is the representative institution of the proprietor community outside; the main responsibilities are to endorse the property management contract and participate litigation. It is the standing-body of the proprietor community...
Keywords/Search Tags:Proprietor
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