Research On The Execution Of The Membership Right Of Distinguish Ownership Of Building

While the Promulgation and implementation of the Real Right Law of the People s Republic of China,distinguish ownership of building caused the widespread attention of people.Distinguish ownership of building is a new-style real right,it has particular content, including exclusive right,co-ownership right and membership right.Compared with exclusive right and co-ownership right,membership right is more abstract and complex,so it needs more consummate legislation to protect.However,the actual legislation about the execution of owner's membership right has some deficiency anyway.Therefor,14 th,May,2009,Supreme People's Court Announced《interpreting of several issues about application of law in cognizance distinguish ownership of building case by Supreme People's Court》and《interpreting of several issues about application of law in cognizance property case by Supreme People's Court》,stipulating more detailed about the distinguish ownership of building case in practice,interpreting and supplying about execution of owner's membership right and some issues in Real Right Law of the People s Republic of China.This article discussed the execution of owner's membership right mostly combine with Real Right Law of the People s Republic of China and Regulation on Realty Management and《interpreting of several issues about application of law in cognizance distinguish ownership of building case by Supreme People's Court》and《interpreting of several issues about application of law in cognizance property case by Supreme People's Court》.This article is composed by the following four parts:The first part is the outline of the membership right of distinguish ownership of building, mostly investigating the concept and character of the membership right of distinguish ownership of building,the content of the membership right of distinguish ownership of building,and the base of the execution of the membership right of distinguish ownership of building-owner's pact.The second part is the subject of the execution of the membership right of distinguish ownership of building,mostly including whether the buyers that enter on already but not having the ownership can become the subject of the execution of the membership right, whether the leaseholders can become the subject of the execution of the membership right and substitute execution of the membership right. The third part is institution of the execution of the membership right of distinguish ownership of building,analysis the establishment of the potence institution,the authority of the potence institution and the decision mechanism of the potence institution.The execution institution of the execution of the membership right of distinguish ownership of building, including the composing of the execution institution,the function of the execution institution and the decision mechanism of the execution institution.The forth part is some discussion of the execution of the membership right of distinguish ownership of building,including the lawsuit subject qualification of owner committee and developer is negligent in arranging the first owner conference.