Study On Issues Relating To The Qualification Of Litigants Of Condominium Ownership

The study on issues relating to the qualification of litigants of condominium ownership mainly results from the situation that domestic scholars' opinions on nature and the dominant role in specific litigation of house owner committee and meeting deffer, plus relevant law does not regulate well which leads to the conflicts in judicial practice. Furthermore, the provision on open block system instead of closed one in the newly issued some suggestions of the CPC Central Committee and State Council on further strengthening the regulation work of urban planning in February, 2016 will in some degree reflects the significance and practicality of this subject.Even so there will exist the following problems: in the open street, not all closed community walls will be torn down outward; at the same time, there are still related litigation qualification with a condominium building in. Therefore, the opinion should not undermine the practical significance and theoretical value of this topic. In view of this, in quite a long period of time, this topic still has its importance.The main purposes of researching this subject contains the following aspects. Firstly, it will contribute to the solution of the judgment to the qualified litigant occurring in the lawsuit of condominium ownership; then, it will deepen the theory about the qualification of domestic civil litigants, particularly enrich the theory on undertaking system in civil action and necessary joint action by analyzing the qualification of litigants of condominium ownership type by type aiming at the complex and diverse essence of it; Finally, it will efficiently combine civil substantial and procedural law thus make them complement and interconnecting.This paper is insisted of four parts, including:Part one mainly introduces the essence and basis of the qualification of litigants of condominium ownership. This paper holds that its right of implementation is based on legal right of disposition of regulation and interest of litigation. Meanwhile, the basis of litigant undertaking originates form legal provision and the granting to the body of object of action. In detail, in the pay litigation of condominium ownership, the right of disposition of regulation of the house owner committee is based on the qualification of litigants; in confirmation litigation, it is based on the interest of litigation of the house owners and the committee; and in formation litigation, it is originated from legal provision and right of disposition of regulation enjoyed by the formation interest.Part two focuses on introducing the main matter of typed qualification of litigants of condominium ownership, such as the matter of litigant undertaking and nonlitigant undertaking of the committee in the lawsuit of proprietors' co-ownership, the matter of the relationship among the owners in necessary joint lawsuit thus matter of the owners' qualification; and the matter of qualified plaintiff and defended in the action of owners' right of revocation and the subject scope of judgments' validity in litigation undertaking.Part three mainly analyzes the cause to the matters mentioned above lie in the imperfection and defection of the system and content provided in domestic civil procedural law and substantial law. The former presents the restriction to the definition of litigant and lacking of specific requirement on qualified litigants; the latter presents the ambiguity of the provisions on legal relationship body and other relevant aspects of condominium ownership in civil law system.Part four puts forward some suggestions aiming at the matters above. That is to make clear the definition of qualified litigants and it can be the third party in the undertaking litigation, to provide the committee' qualified litigant in the lawsuit of proprietors' co-ownership and owners' right of revocation in the section of condominium ownership in the Property Right Law and meanwhile to explicit the nature and legal position of the owners' committee and meeting.