Owners' Convention In A Comparative Study

In developed countries'ownership differentiation system, not only laws on ownership differentiation but also proprietors' pledges regulate something just like the using and management for ownership differentiation building or the relationship of the differentiation owners (proprietor). Proprietors'pledge is the self-rule regulation in owners'group. The rules and regulations about real estate management such as"Estate Management Ordinance"absorb the mature theories about proprietary rights for building differentiation from the developed countries, and then established the real estate management system that mainly contains the owners'meeting, owners'committee and proprietors' pledges, and the proprietors' pledge is a important system among them.The article mainly studies on the proprietors' pledge in the real estate management system, and it expounds from four aspects concluding the legal nature, the establishment, the contents and the effectiveness of the proprietors' pledge. By comparing the"Condominium Law"and the"building standard managerial stipulations"of Japan with the"Estate Management Ordinance"and the"Example Of Proprietors'Pledge"of China, the article brings forward the sameness and differences in formulating styles, contents and the effectiveness between the two countries, and also it put forward something which should be quoted and bettered by our country's"Estate Management Ordinance".The legal status of Proprietors'pledge in the owners'group is the self-rule regulation that has tiptop effect, just as the constitution in the company and the constitutional law in the country. The Proprietors'pledge could make up the shortages of rules and provide the foundation of protecting legal interest and dealing with conflicts of neighbors. The legal nature of the Proprietors'pledge would decide the constitutor, the limit of authority about self-rule and the effectiveness of the Proprietors'pledge. Most scholars in our country have agreed the legal status of Proprietors'pledge, but the regulations in it have not yet embodied the meanings of tiptop self-rule. About the formulating of The Proprietors'pledge, the article points out the disadvantages of Proprietors'pledge about new buildings in the stage of formulating The Proprietors'pledge and the shortages of regulations in The Proprietors'pledge, for example, how to considering the benefits of the big owners and the middle or small owners in calculating the voting right, and how to protect the special benefits of the minority when the decision has some special influence on the minority, it needs to enhance or revise the present regulations.About the contents of The Proprietors'pledge, the article points out that there is only principal regulation about it in our country, and there is no difference in absolute regulations, relative regulations and optional regulations, so it will hardly be handled in the realism, and the power of autonomy will be limited. The specific instructive attitude should be added in the Example Of Proprietors'Pledge, and the contents about owning part and using part of the building should be enhanced in The Proprietors'pledge, and also, The Proprietors'pledge should add the contents about the affairs of the owners'meeting and owners'committee.About the effectiveness of The Proprietors'pledge, the article discusses the question on the debt about the transferee of the real estate, obligations of the lessee, the effectiveness of the pledge when it lacks of absolute regulations and relative regulations, and the force of the items about special punishment treasure and the items about the limitation of using part and owning part of the building. And then it points out the differences of the regulations between China and Japan and put forward some provisions that deserve to be quoted.