A Study On The Legal Status Of Proprietor Committee

This thesis A Study on the Legal Status of Proprietor Committee attempts to make a proper determination on the legal status of the proprietor committee, on which base the author analyzes the improvement measures and developing direction of the reform of proprietor committee and the real estate management in our country.The article is composed of three sections, including preface, text and conclusion. And the text includes five sections bellow:The first section is about the basic theories of proprietor committee. By using the theory of Shared Ownership of Buildings, the author clarifies the connotation and denotation of Proprietor. Then the article discusses the character and legal status of Proprietor Convention, which is composed of the all proprietors. After comparing with the legislations and judgments of other countries and examining the practice of China, the author indicates that Proprietor Convention doesn't satisfy the essential of legal personal ,but it possess a relevant independent status, which is different with the individual proprietor. The main purpose of Proprietor Convention is to protect the group interest of all the proprietors, and this interests differs form the interest of an individual proprietor. So the article suggest that we attribute Proprietor Convention to Other Organization should be a proper way according to the practice of our country. Then after summarizing the definitions and characters given by different scholars.The second part analyses the relationship between proprietor, Proprietor Convention and Proprietor Committee.The third part introduces the situation of legal status of proprietor committee in our country, including legislation and judicial practice. The first part illustrates the related legislation on proprietor committee in China at president, and points out its deficiencies. The second part talks about the problems we are confronted with in practice.The fourth session including the legislation style we should choose and the reasoning concerned. On the choosing of legislation style, the author examined the classic styles of other countries or districts, then suggests that Proprietor Committee is the internal organization of Proprietor Convention. It doesn't possess an independent legal statues and cannot engage in civil activities in the name of its own.. Only under the authorization of Proprietor Convention, it can take part in activities on the real management. On the reasoning part, the article using the Civil Society Theory, theories of civil procedure law, and theories of Law and Economics, intensively illustrates that we attribute Proprietor Committee to an internal organization of Proprietor Convention is reasonable.Finally, the fifth part designs the concrete duties of Proprietor Committee.