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The Legal Effect of the Management Statute

Author: ShuJinPing
Tutor: QiEnPing
School: Tianjin University of Commerce
Course: Civil and Commercial Law
Keywords: Management Statute Effectiveness Entry into force Validity range
CLC: D913
Type: Master's thesis
Year: 2011
Downloads: 30
Quote: 0
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Abstract

Distinction between the management of all buildings residential condominium ownership is the Statute of Autonomy of the rules, the nature of the contract with the creditor law (contract), the labor agreement have a large difference. To some extent, the district administration of the Statute is clear recognition of condominium ownership and consolidation, is the district administration in the \In the management of the Statute entered into force on substantive and procedural conditions, countries and regions in the world specific requirements vary. But as long as the content does not violate the legal entity mandatory provisions are not contrary to public order and morals, do not modify or exclude the nature of condominium ownership, may produce legal effect. Management of the Statute of the creation, modification exercised subject is usually the owners, owners' meeting procedure generally consists of a resolution adopted by, the owners of residential property to ensure the democratic management autonomy. Management rules for all body including owners, housing successors, the borrower and other non-owners to use people and property services company, building developers are of relevant legally binding, but the lessee has an exception. Into force in accordance with established theory, principles of management of the Statute of the General Assembly resolution on the residential property owners from the date of adoption of effective management of the Statute of the temporary housing when houses generally written commitment to be bound by the buyer from the time of entry into force. Management Statute has suability through theoretical study and practice at home and abroad a comprehensive study, the Statute for defect management, China should establish appropriate mechanisms for judicial relief, including ineffective management of the Statute of the complaint and the management of the Statute recognized revocation of the complaint. For violation of the Statute of the behavior management, especially lead and tort liability for breach of competing behavior, we should follow the principles conducive to the protection of victims, to choose the most conducive to the protection of the legitimate rights and interests of victims relator. Therefore, to further clarify the legal effect of administration of the Statute, the Statute of the legal system for improving management, promote the spirit of democracy and the property owners and autonomy has important theoretical and practical significance. I tried to manage through the entry into force of the Statute, the scope and effectiveness of the liability statute violated the theoretical analysis and the corresponding three-part comprehensive exposition of opinions, and thus manage the legal effect of the Statute of the issue in-depth study and hope for our legal system is established and improvement to provide meager reference and support.

The Legal Effect of the Management Statute

Abstract

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