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Research into Legal Issues of House-owner Convention

Author: HanLaiBin
Tutor: LvShuQin
School: East China University of Political Science
Course: Legal
Keywords: house-owner convention owners of autonomy condominium ownership of building
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 110
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Abstract

The house-owner convention as a community autonomous organization plays an important role in estate management. However, the status of the house-owner convention is not satisfactory, with a variety of problems and contradictions emerging, the number of lawsuits involving house-owner convention is increasing. As the current law is imperfect, these disputes often fail to be well resolved. Based on the important status of house-owners convention and the urgent needs of practical activities, this article has carried on the analysis and the discussion to some legal issues of our country house-owner convention system. There are four chapters in this article.Chapter One introduces the basic theory of the house-owner convention. Section I introduces the concept, organizational structure, functions of house-owner convention. Section II describes the condominium ownership theory. The system of house-owner convention is based on the theory of condominium ownership.The second chapter is the analysis and comparison of the house-owner convention systems in the developed countries and regions. By analyzing the legal status of the owners group of the legislation of these countries and regions, it can be divided into three modes: corporate model, unincorporated model and conditional corporate model. Through analysis, we can see that the owners group taking corporate model is a global trend. The internal organizations of these groups are generally composed of three parts: 1, decision-making and meaning organ; 2, executive organ; 3, supervision, support and implementation organ, etc. This provides reference information to make our house-owner convention system perfect.Chapter Three describes the status and problems in the system of house-owner convention. By analyzing the provisions of legislation and judicial in our country, we found that there are two problems in the system of house-owner convention: the legal nature is ambiguous and the internal governance is inadequate.Chapter Four proposes the thoughts on eliminating the defects and perfecting the system of house-owner convention. This paper proposes that legislation should give house-owner convention legal person status. This paper suggests that the relationship between house-owner convention and House owner committee should be clear and there should have a supervisory organ in house-owner convention to improve the internal governance. The third point, it should enhance the sense of autonomy of the house owners. The fourth point, this paper puts some suggestions on this issue that how to create a favorable external condition for house-owner convention to exercise its rights of autonomy.

Research into Legal Issues of House-owner Convention

Abstract

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