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The Protection Of Proprietors’ Right In Property Management

Posted on:2016-08-25Degree:MasterType:Thesis
Country:ChinaCandidate:G Y YanFull Text:PDF
GTID:2296330482976559Subject:Law
Abstract/Summary:PDF Full Text Request
The system of building differentiation ownership, one for the first time to fill the gaps in property management, for the rights of the owner maintenance provides legal protection.But our country law itself exists defects and supporting system is still imperfect makes the owners of property management rights can not get adequate protection, resulting in a surge of property disputes.Owners often at a disadvantage in the property disputes, its rights cannot be adequately to relief, owners’ rights have been great damage.In our country, professional property management started late, relevant laws and regulations are not sound, realty service enterprises lack of professional ability and the service concept, lead to the property management in the practice of a large number of infringement of the rights of the owner. Accordingly, the protection of the rights owner become a problem to be solved.In this paper, by analyzing the practice violate the rights of the owner type and its causes, put. forward countermeasures and Suggestions on law of proprietor rights protection.This paper mainly discussed from four aspects to the property management of the owner of the infringing ACTS and the protection of the rights owner.The first part, mainly introduced the property management with the owner’s rights.First explains the relevant concepts of the property management, including the concept of property, the nature of the concept of property management and property management.The concept of property management, this paper argues that should adopt the concept of generalized rather than a narrow definition.This part provide theoretical basis for subsequent discussion. Secondly, this paper introduces the owner rights.Including the owner of the concept and content of the right owner. Owner rights protection problems in property management, must first understand the owner rights, therefore, this section details the owner rights related content.The second part, discusses the situation and the reasons of the practice, the right to any owner. The owner shall have the right of property rights protected by the law or special interests can be divided into property rights and interests and two types of personal rights and interests. In accordance with the division standard, the property service enterprise invasions on the rights of the owners are divided into the owner’s property rights infringement and infringement of personal rights and interests of the owner. The author believes that its main reason is:not clear legal status of the owners’congress, the owner autonomy is not standard, and the problem of monopoly.Through this chapter, this paper reveals the owners’rights protection in our country there are many shortcomings.The third part, on the basis of the first two chapters, this chapter puts forward the countermeasures to protect the rights of the owners of the legal.In recent years, the infringement of the rights of the owners property dispute continues unabated, real estate management cases has become the bottleneck of obstruction of the property management industry. Therefore, violate the rights of the owners of property management situation, analysis the reasons, draw lessons from foreign advanced experience of property management, put forward corresponding legal countermeasure owner rights protection has important significance to our country.Therefore, we should clarify the legal status of the owners’ congress, endow them with legal person status;Give the owners committee litigation subject qualification, set up supervision committee;The government appropriate intervention in property management, strengthen the publicity and improve the owners’ rights consciousness.
Keywords/Search Tags:property management, infringement, the owner, activist
PDF Full Text Request
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