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Our Property Management Legal Issues

Posted on:2008-11-30Degree:MasterType:Thesis
Country:ChinaCandidate:L P GaoFull Text:PDF
GTID:2206360248452792Subject:Law
Abstract/Summary:PDF Full Text Request
China's "Properly Law" established a distinction between our buildings all system, the court concluded property management disputes in the adjudication of cases against traditional civil law only applies to legal history. But "the Law on Real Right) than the provisions of principle, in practice the protection of the rights of property owners and restrictions, the owners of the legal status of the property management company responsibility for the security of property and special maintenance funds, and other legal issues before the Court to hear cases of property disputes brought some difficulties.Combining theory, in practice a proprietary part of the building required structure, the use of the independence and make public by registration and demonstrate the independence of the law to be identified; Non-owners agreed in accordance with the law and regulations and zoning can be used within the building belonging to the owners of the venue facilities; Pre - the nature of the property management industry that regional planning and construction for car parking spaces, the garage without attribution agreement or agreement is not clear, property management companies or developers bears the burden of proof; whether at the same time a rights violations identified by prejudice or "interested owners" scope.Second, the property's security responsibility by the owners on the management of its existence proof of negligence or loopholes, otherwise property companies should not bear civil liability; Property owners within the competence of the Committee in the management of the administrative right to appeal a certain, but no civil main qualification; Special property maintenance funds is the extension of buildings lifetime, the maximum realization of the property owners is simply the key, therefore, must clear source of funding to pay standards and uniform manner, strictly control the management of funds.In short, this article on property disputes through the characteristics and causes of the property disputes that the current status quo and propose solutions to the measures and programs, to better guide the trial practice.
Keywords/Search Tags:Property Management, Buildings distinction between ownership, The current status quo and propose, Solutions to the measures and programs
PDF Full Text Request
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