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Study On Voting Mechanism Of Owners’ Metting

Posted on:2022-05-17Degree:MasterType:Thesis
Country:ChinaCandidate:L M HuangFull Text:PDF
GTID:2506306488976939Subject:legal
Abstract/Summary:PDF Full Text Request
The voting mechanism of the owners’ Congress is the main way for the owners to exercise the condominium ownership in accordance with the law and realize the collective decision-making and collective autonomy.Like other voting mechanisms,fairness and efficiency are the two major goals of the relevant system setting.We can use coordination theory and compensation theory to solve the problem of balance between the two.However,many practice results show that: for a long time in the past and the current legal provisions of the voting mechanism of the owners’ meeting is not smooth,the participation rate of owners is low,it is difficult to hold the owners’ meeting,it is difficult to make a resolution,and the resolution results are prone to disputes;among them,the "emphasis on fairness,light efficiency" of the legal system constitutes an important reason.Therefore,it is suggested that in the future,the civil code should be amended to restore the requirement that only "more than half" of the participants in the original property law,strengthen the popularization and application of electronic voting,and promote the system of owners’ Congress in large communities,so as to improve the operation efficiency of the voting mechanism of owners’ Congress and enhance the effectiveness of the rule of law.
Keywords/Search Tags:collective resolution, fairness and efficiency, voting mechanism, owner autonomy
PDF Full Text Request
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