On Condominium Ownership Of Members Of The Exercise Of The Right

Condominium have group gone to exercise in essence, the exertion of this kind right by making up the group at universal significance, realize in the form of rights and obligations of member of community, namely form member's right. Because the changeable and complicatedness of all condominium phenomena, in this kind of complex ownership, most active and most special factor is the membership right of condominium, membership's meaning, production, nature and characteristic of right exertion way all show the specialty of condominium. Research that right exertion is the key to realizing this kind of complex ownership.This thesis is made up of three Chapters. In the beginning, the thesis introduced the fundamental theory of membership right in condominium and established base for the following parts, this chapter included signification and origin of membership right, the quality and characteristic of it, the content of it, the obtaining and eliminating of it. In the second part, have analyzed about the enforcement principle of membership right in condominium at first, Must follow and all participate in principle, most principle, representative's principle, the rational principle and power division principle. After, deepen at articles members it is for autonomy management organization in concrete way where rights exercises and the community constitution, In the part of management organization of autonomy, on the basis of correlated doing with fixed comparative analysis to foreign countries, have designed the establishment and function of the management organization of autonomy; The author thinks out that management organization is made up of management community, the management committee and the board of supervisors. In the community constitution part, analyzed its nature, think that it is the member's supreme autonomy rule. In the last chapter, Think our country right exercise course in membership, is it management community omission, management committee misplace, management organization imperfect autonomy to have, and the administration forces interfere in community autonomy, etc. The author makes suggestions on perfecting the practice of legislation. First of all, is it ensure member right autonomy of person fully from all respects to want, perfect the autonomy management organization at the same time, and strengthen the effect of the management convention.