On The Legal Status Of Proprietors' Group

The paper hopes to specify the legal status of proprietors' group through the analysis of the theoretical disputes and the problems of judicial practice by means of empirical analysis and comparative analysis,and then provide some theoretical reference for perfection of the legislation of Partitioned Ownership of Building Areas and the legal status of proprietors' group.Part one:mainly analyzes the problem of norms in "The Property Law" and "The Property Management Regulations" about proprietors' group,and the problem is the deviation between legislative ends and means because of absence of legal status of proprietors' group,which will in turn to affect functions of Partitioned Ownership of Building Areas.Based on the study above,the paper analyzes the legal causes of the problems above, and which is the different position holding by "General Principles of the Civil Law" and "Contract Law" to civil subject.Therefore,we should unify the different definition of civil subject and set up pluralistic structure of civil subject system in order to solve the problem above.Part two:Analyzes several major criteria for judging civil subject of the theories.On the basis of analysis above,the paper hold that the criteria of judging civil group subject is:be able to distribute rights and obligations, form an independent will,own the property available as well as participate in civil legal relations.Part three:The paper hold that Proprietors' group should be a civil subject,and the owners' committee is not the independent subject for which is the implementing agency of owners' assembly.Owners' assembly has a double meaning under the current law which is the authority of proprietors' group,is equivalent tO proprietors' group on the other hand.After applying the ideal model of civil group subject to Owners' assembly,it can be found that Owners' assembly in "The Property Law" and "Property Management Regulations" is proprietors' group materially.Part four:analyzes various legislative patterns regarding to the legal status of proprietors' group,and then point out the legislative model of proprietors' group our country should adhere to.On the basis above,the article further analyzes the position of our future legislation about Partitioned Ownership of Building Areas which we should adhered to: specifying the subject position of proprietors' group by detailing the relevant provisions of "The Property Law" in the form of special law on the one hand;adopting the legislative model of conditionally voluntary establishment on the other hand.Conclusion:The economic development of the modern city laid social foundation on the formation of the system of Partitioned Ownership of Building Areas,and specifying subject position of proprietors' group is need to protect the smooth function of the system of Partitioned Ownership of Building Areas,which is also consistent with the general trend of contemporary legislation about proprietors' group.Therefore,grounded on the reality of our country,it is not only necessary but also feasible to set up the subject position of proprietors' group in the future legislation.