On The Representative Right Of The Owners’ Committee On External Litigation

The owners’ committee elected by all the owners is the executive agency of the owner congress which is responsible for the interests of the owners. The basic function of the owner committee is to handle the daily affairs of the community internally and to participate in the managing external affairs on behalf of the owners. Nowadays, there exists two kinds of views on the issue of the owners’ committee’s right on external management: rigorism and liberalism. For the ridorism, it holds that when the owners’ committee participate in external affairs management it should get the authorization of the owners’ congress or all the owners’ which is the so-called " Only authorized for one case ". Liberalism insists that the owners’ committee which represents the interests of the owners should have the right of management automatically while participating in external affairs. Through the analysis of related cases and the court’s decision, the author affirmed the viewpoint of liberalism on the issue of the owners’ committee’s right on external management. First of all,this thesis made its argument from the perspective of the owners’ committee’s independent will. Secondly, based on the judicial essence of jurisprudence "law that is not stipulated expressly is free", and the situation that the right of the owners can be insured because of the " Only authorized for one case ", and compared with extraterritorial laws by combining with the current judicial practice and judicial cases, this thesis made further discussion. Eventually, it is concluded that the owners’ committee has the right on external management.