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Research On The Legal Issue About Estate Management In Residential District

Posted on:2008-07-14Degree:MasterType:Thesis
Country:ChinaCandidate:M ZhouFull Text:PDF
GTID:2166360215497414Subject:Economic Law
Abstract/Summary:PDF Full Text Request
In the overseas , estate management has a long history of glorious development, including the relative consummate legislation and mature system. While in china , as a jumped-up calling, the transitory history of estate management reveals some profound legal problems and the estate managerial disputes occurs frequently and furiously.Based on the theory of ownership, the estate owner is indeed the main body of the estate management as owner of the condominium and has the absolute managerial right. The estate serving corporation is authorized with the managerial right by owners based on the estate serving contract. So, the owner's self-rule is on the leading and central position in estate management. In the developed counties'legislation, the common successful experience of real estate management is based on leadership of owner itself. The paper insists in the above point of view and tries to makes a legal research on the issue about estate management in residential district.The whole paper has three parts, including introduction, main text and conclusion . The main text is divided into five chapters:First of all, by defining several words which are correlative with estate management, the paper analyses the essence of the estate management, ravels the basic legal relationship and introduce the theory of condominium ownership as the legal foundation of the estate management; Based on the central position of the owner's self-rule in the estate management, the paper tries to reconstruct the owner's self-rule organization. The paper affirm the owner's self-rule organization's mode without judicial person's qualification based on the comparison of other countries'legislation and establishes the owner's conference and the owner's committee as the internal departments of the owner's self-rule organization, puts forward correlative suggestions to improve our county's legislation with the support of other areas'advanced experience; As a self-rule regulation, the owners'pledge plays a important role in balancing the benefits of owners, and it's necessary to exert the public right to prevent owners from the disadvantage brought by the absolute freedom in current situation, it accords with the legislative tendency of moderate intervening; The professional estate management is the extension of the owner's self-rule and a necessary part of the modern estate management, therefore this paper ensures the estate serving contract's character and the range of the content, emphasizes the estate serving contract's effectiveness and educes the conclusion that the responsibilities of the estate serving corporation should be ascertained in the contract and should be limited due to being the merchant group; Finally, the paper sums up the varieties and reasons of the estate managerial disputes, puts forward the in correlative countermeasures and suggestions .
Keywords/Search Tags:estate management, owner's self-rule, owner's self-rule organization, owner's pledge, estate serving contract, estate managerial dispute
PDF Full Text Request
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