Research On The Defective Resolutions Of Owner’s Assembly

The joint resolution of the owners’ meeting is an important manifestation of the owners’ exercise of autonomy and an important means of safeguarding the common interests of all the owners.In order to ensure that the decisions of the owners’ meetings are legal and reasonable,the owners must follow the principle of majority when making decisions and make them in accordance with legal procedures.At present,China mainly adopts laws and regulations such as the Property Law and the Property Management Regulations to substantively and procedurally regulate the resolutions of the owners ’assembly.However,due to the ambiguity of the legal provisions and the rapid development of social practice,the situation that the resolutions of the owners’ assembly in real life are flawed is still common.In order to better understand the ravages of reality and legal norms and to provide more substantive opinions for reconciling the contradiction between law and reality,this article will explore the deficiencies of legal provisions based on current laws and judicial cases and to analyze the defective resolutions of the owners’ assembly from the perspective of positive and theoretical law.The main content of this article consists of the following four parts:The first part is the basic theoretical issues related to the defects of the resolutions of owners’ meeting,including the legal status of the owners’ meeting,and the legal nature of the decisions of the owners’ meeting which is necessary for understanding the types of defective resolutions,legal consequences and lawsuit relief,so the body of this article will start from that part.Although the General Principles of the Civil Law of the People’s Republic of China（hereinafter referred to as the "General Principles of Civil Law"）clearly recognizes that resolutions have attributes of legal behavior and relevant rules for legal behavior can be applied to resolutions,there are still a lot of controversy in the theoretical community.Although in the same schools,there are many differences within it.After theoretical review and criticalanalysis,this article believes that a resolution is not just a process for one party to form intention of the legal relationship,but undoubtedly have attributes of legal behavior.There is no doubt that a resolution can directly serve as the basis for the conclusion of civil relations between group members or even between groups and counterparts.The second part specifically introduces the historical development and current situation of the system of resolution of the owners’ meeting,and summarizes the main types of defects in the resolution of the owners’ meeting based on current laws and judicial cases.Through careful consideration of social realities,the main issues involved in the research of this paper are put forward.Scholars have proposed different classification methods for defects in resolutions in academic debates.This article considers that although the resolution of the owners’ meeting is a legal behavior,it also contains many breakthroughs beyond the traditional legal behavior system.As a special legal behavior,it cannot fully adopt the provisions regulating the flaws in the effectiveness of civil legal behavior and should have its unique system structure,which can be specifically divided into resolutions without authority,defects in the convening and voting procedures,and substantive defects consist of violation of laws,breach of stipulations on managing,and infringement of the owners’ legal rights.The third part mainly studies the effect of the defective resolution of owners’ meeting and its legal consequences.The legal effect is the value judgment of the law on legal action.The article will establish the system of judgement on effectiveness of resolutions based upon the system of judgement on effectiveness of legal behavior.Consequently,there are three kinds of judgement on the effectiveness of the resolution:not established,revocable,and invalid.The fourth part analyzes the defects of remedy method of defective resolution based on the current state of our country ’s justice.Because the law does not specify the legal status of the owner,the owner’s meeting,and the owner ’s committee,the type of litigation have always been controversial.It stipulates that the resolution And because there is only one kind of method to determine effectiveness of resolutions,a lot of restrictions will be faced to the parties when choosing the type of litigation.Thelast part of this article will make suggestions for outstanding problems in practice based on the plight of litigation relief...