Legal Nature And Status Of Proprietors' Committee

The Real Estate Management Code in China became effective on September 1, 2003. Its implementation plays a great promotion in healthy and order development of real estate industry and real estate management industry in China. However, real estate management in China has started just for a short time which is a new-rising industry, some issues on laws are still at theoretical research and practical exploration and they are not ruled out in the Real Estate Management Code and lead to disputes in learning circle and practice circle.Of them, legal nature and status of the proprietors'committee are the issues with biggest and widest disputes in current real estate management activities. The Real Estate Management Code has defined responsibilities of the proprietors'meeting and proprietors'committee and internal relation, however, it is not involved in legal nature and status and other core issues of the proprietors'meeting and proprietors'committee. Seen from country and region legislation and justice practice, there are four modes for civilian subject state: 1.legal person mode; 2.non-legal person mode; 3 legal person mode with additional conditions; 4. legal person mode for court case practice. Compared to overseas legislation, there is still deficiency in rules and regulations of the proprietors'system in China, there is no definite rule on its civilian subject status and the learning circle and practice circle have disputes on civilian subject status of the proprietors'committee. The views include the following: 1.the proprietors'committee is the representative organization of the proprietors'meeting, which has no legal status of juridical association; 2. the proprietors'committee is established according to the laws and regulations, with necessary property and fee, name, organization and site, and a legal person bearing civilian responsibilities; 3.the proprietors'committee is established legally, with certain organization and property. The proprietors'committee is other organization of civilian subject qualification and participates in legal proceedings on its own; 4.the proprietors'committee represents all the proprietors in the real estate management zone and it is a self-governing crowd organization. It is only responsible for the property owned by the proprietors. Therefore, the proprietors'committee and the real estate management enterprise are equal civilian subject relation and both parties'rights and obligations are determined according to the contract.This essay analyses legal nature and status of the proprietors'committee from the law basis of the real estate management-partition of building, taking China's real estate management law as background, reviewing relevant legislation in overseas real estate management and combining justice practice of real estate management in China and puts forward reconstruction of civilian subject status mode in China's real estate management.