Study On The Legal System Of Self-management Of Owners In Real Estate Management

The real estate management, as a sun-rising industry in the real estate field, has developed rapidly in our country. For some reasons, there are many conflicts especially in recent years, the irrational safeguards of rights and interests, for example the owners'violence, have been increasing. Although the issue of"The Regulations of Real Estate Management"has some good effects on that, the problems have not been solved radically.This article aims at solving this problem and does what little it can to help. The writer put much emphasis on the self-management of owners and based on that brings out the construction of our own legal system of real estate management. The whole article focuses on the study of construction and property of the system, including some commentary about our present legal system. The article consists of three parts.Part I"Introduction", a brief introduction of the real estate management in our country, from which leads to the theme of the article. In addition to this, the writer introduced the article's study thinking and methods as well.Part II"The main body of the article", consists of three chapters: Chapter I,"The theoretical basis of legal system of self-management of owners", the writer explained some relevant concepts and criticized the definition of owners in our legislation. The key point of this chapter is the economics and civil law explanation of the self-management of owners. The writer points out that the nature of self-management of owners is the autonomy of private law.Chapter II"The legal principal and standard analysis of self-management of owners". It's the core of this article. The writer expound five issues in detail 1) the subject; 2) owner's pledge; 3) meaning departments 4) execute departments 5) execute manners of self-management of owners. Section 1"owners group". From analyzing the definition of owners group in different countries, the writer indicates that we lack the concept of owners group in our legislation, and proposed some advice on it. Section 2"owner's pledge", the writer regard that the owner's pledge is the charter of self-management of owners. The temporary owner's pledge can be constituted by the developer. Of course, the formal owner's pledge should be constituted by the owners on the first conference of owners. Section 3"conference of owners"the writer pointed out the flaw of rules in our owners conference operation and discussed about the effect of conference decisions. Section 4"committee of...