Definition Of Legal And Study On Perfection Of Nature Right Of Co-Management For Owner

Community property management is a common problem that puzzles the current urban commercial residential community owners.The formation of this problem,on the one hand,is related to the short development time of commercial residential quarters in China and the lack of property management experience,on the other hand,is related to the imperfection of the owners’ ownership and management right of the shared part of the buildings.As far as the theoretical research is concerned,there are many researches on the condominium ownership of buildings in the theoretical circle at present,and a relatively perfect theoretical system has been formed,but the attention to the common management rights enjoyed by the owners in the property management is still insufficient.On the basis of defining the nature of the property management right of the owner,this paper attempts to analyze the relevant system construction issues,in order to further safeguard the rights and interests of the owner and improve the system development of the owner’s rights.This paper holds that the so-called owner’s common management right refers to the right that the owner of a building distinguishes and manages the relevant affairs of the common part of the building based on the inseparable common relationship in the structure,ownership and use of a building.This right is not only related to but also different from the condominium ownership and membership right of buildings.About the nature of owners’ joint management right,there are still arguments in judicial practice and theory.There are three kinds of theories: membership right,management right and management function.However,the different understanding of the nature of the owner’s common management right is unfavorable to the maintenance of the owner’s interests.On the basis of comprehensive analysis,this paper holds that the nature of the owner’s joint management right should be defined as the joint ownership right.The reason why it is so defined is that the common management right comes from the differentiated ownership of buildings,the common management right has the characteristics of attachment and the object of the common management right is only limited to the part of the common ownership.On the basis of the above definition of the nature of the owner’s management right,further improving the relevant system of the owner’s management right should be mainly considered from the following aspects: first,improve the relevant laws of the joint management right with the joint ownership as the core;second,establish and improve the supervision system of the owner’s joint management right;finally,clarify the responsibilities of the administrative department and the owner’s co-management right.