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Research On Owners' Convention Based On Condominium Of The Construction

Posted on:2007-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:D W SunFull Text:PDF
GTID:2166360185958122Subject:Civil and Commercial Law
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Owners'Convention, which is a carrier of meaning of an autonomous group, has the top priority in property management. Owners'Convention is the ultimate foundation of autonomy of the condominium, and is also the applicable law of civil autonomous relations. Owners'Convention reached by the owners, as an autonomous rules of property owners, defines the relationship of the condominium in the form of contracts, transfers the rigid adjustment into the convention complied by owners and develops this relationship to expand the space of the autonomy of private law. In this article, we will study owners'convention from the different perspectives. This argument has two main ways: firstly, it focuses on Owners'Convention from the concept itself and Owners'Convention's foundation. Secondly, it analyses the relationship between Owners'Convention and that including the owners of community and implement of the will autonomy of the owners. Through the two expositions above, we draw the conclusion that we should implement owners autonomous institution which is based on Owners Convention. This article is divided into four parts:The first part is introduction to Owners'Convention. Firstly, author discusses the three-level meaning of the Owners'Convention. In my opinion, the Owners'Convention is usually used in the refers not only to the related autonomous rules which prescribe the owners'rights, obligations and responsibilities, but also the agreement on which the condominium is established; in some exceptional cases, the constitution of the owners'association is included. Therefore, the Owners'Convention of a different meaning has a different role, while without distinction can only lead to confusion. Secondly, the nature of the Owners'Convention is analyzed according to the type of civil behavior and background conversion of the owners'community. The result is that Owners'Convention is not a simple civil act of common, but a group of contract reflecting the apparent trend of a private community-based. At the same time, groups'legal personality of the owners can have a fundamental impact on the nature of the convention.
Keywords/Search Tags:Construction
PDF Full Text Request
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