Research On The Legal Status Of The Owners' Committee

The owners' committee with the city developing fast growing up, the property law, the property management ordinance and other relevant laws and regulations, although has established the legal status of the owners' committee must, but the current law only made framework for its legal status, operability is poor, causing the owners' committee in its governance and right remedy, any claim. Only clear legal status of the owners' committee, the corresponding legal rights, it shall perform the duties and responsibilities. Can play the owners' committee finally maintain the ultimate purpose of owner's equity.The introduction mainly introduces the writing background and purpose;The text is divided into four chaptersThe first chapter embarks from the legislative status quo of the owners' committee, this paper analyzes the "property law", "property management regulations", the Supreme Court interpretation, reply and draft legislation in the relevant provisions on the legal status of the owners' committee, made clear that the owners' committee specific problems of the legislation.The second chapter discusses the nature of the owners' committee, first of all, from the beginning of the civil subject qualification theory analysis, analysis of the owners' committee why civil subject qualification; The second type to the owner committee civil subject of debate has carried on the detailed elaboration; Finally concluded that the owners' committee shall belong to other organizations in our country, it has the corresponding qualifications of civil subject and litigation subject.The third chapter details the rights and obligations of the owners' committee, the first is the relationship between the rights and obligations of the owners' committee and owner, the owner committee relative to the owner shall have the right to how shall undertake the obligation of how at the same time; Followed by the owners' committee and the realty management enterprise, the rights and obligations of the relationship between the owners' committee in achieve its function and property management companies shall have the right tohow, again how property management companies to assume obligations; Once again, the owners' committee and the rights and obligations of a third person in addition to the above subject the relationship.The fourth chapter the owners' committee in violation of the obligations stipulated in the laws, regulations or agreed obligation what responsibility, from two aspects of internal and external problems of its liability in detail in this paper.