Study On The Membership Right Of The Condominium

With the commercial reform of housing system in China, every householder will not only have the rights to own their houses, but also manage them. This reform makes the status of membership rights, a kind of management right of the condominium, become even more prominent and important. However, our country's current membership right system is not that perfect. At the realm of membership right's nature, exertion and relief still have not formed a unified theoretical system. The absences of legislation in such realms are very serious. In order to meet the growing needs of the community, we must set up a more comprehensive and advanced system to protect membership right and let it could be fully exerted. Based on this, this paper attempts to study the nature, exertion and relief of the membership right and makes some pertinence suggestions to perfect our Country's relevant legislation.This paper consists of four parts:In this first part, the author starts from the definition of condominium and membership right. Discussed the acquisition of the member's identification, the meaning, the characteristics, as well as the eradication and the content of this right;In the second part, the author focused on the nature of the member's right. The author starts from relevant theories of the nature of membership right, point out membership right should belongs to a kind of novelty independent civil rights which differs from traditional civil rights, and then in-depth look into the similarities and differences between the associator right and membership right, at last conclude that membership right should be a kind of associator right.The third part is based on the second part; discussed the mode of membership right's exertion from both the exertion of substantive membership right and procedure membership right. On the part of the exertion of substantive membership right, the author mainly discuss the management of the institutions of self-government, as well as the representative exertion of the substantive rights; On the part of the exertion of procedure membership right, the author mainly analysis the three capabilities of membership claim.In the fourth part, present some feasibility proposals on the basis of analysis our country's current membership relief system, that is to say, analysis both the manifestations of introducing tort and the bear of tort liability. In the part of tort liability bear, this paper, introducing the company Law-related theories to analysis.