Research On The Membership Right Exercise Of The Distinguish Ownership Over Buildings

In recent years,the importance of the membership right which is the administrative right among the Distinguish Ownership over Buildings is becoming more and more evident.In fact,the 《Property Law》of our country doesn’t give a clear guidance in the nature definition、right exercising and the relief of the right.In order to resolve the problems caused by legal vacancy and protect the owner’s rights,this article will comb the problems existing in our current system and offer a proposal to improve the membership system in our country by studying the membership right system of foreign countries（regions） or zones comparatively.This article consists of five chapters:The first chapter is the definition of the concept and nature of the membership right.On the basis of “trilism”,I think the theory of “Law of Things”and “Law of persons”can’t contain the nature of membership.We should put the membership in the category of members rights.Membership is a new kind of civil right differing from the traditional civil rights.The second chapter is a comparative study of membership exercising system about foreign countries and Taiwan of our country.The theory of “Separation of Powers”affects the membership exercising system of every western country.Their system leads a three layer mode:authority、executive organ and supervising organ.The German 《 Ownership of Dwellings 》 sees the owner of house as a single administrative authority.France leads flexible rules about members of the administrative organ.And other countries set up tactful supervision systems.Those are all worth our law makers to learn selectively.The third chapter is about the problems in the exercising of the membership of the Distinguish Ownership over Buildings in our country.The forth chapter is on the principle、means、exercising foundation(management contract) and executive body(management group) of the membership right.On the condition that the owners doesn’t breach the mandatory provisions,they can choose the means of administration as needed.That also reflects the principle of owner autonomy.The management group is the body to exercise the membership.When it comes to the nature of the management group, it should has the legal personality because this fit the tread of the administration group incorporation.Besides,it is also convenient for the administration group to exercise the managing rights including economic activity and judicial activity on its own name.As the body of decision-making and execution,the owners meeting and the owners committee bear different liabilities and rights separately which is important for the exercise of the membership.The fifth chapter is about the improvement methods in the exercising of the membership of the Distinguish Ownership over Buildings in our country.In response to problems,regulating the 《Law of Building Differentiation ownership》,improving the holding mechanism of owners meeting,clearing the legal status of the owners committee,setting up the supervision body are of the utmost urgency.Only those steps can really protect the owners rights.