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The Research on the Litigation Subject of Common Interests of the owner

Author: ZhaoMingHua
Tutor: QiMuTi
School: Shanghai Jiaotong University
Course:
Keywords: owner common interests the owners meeting the owners committee subject of action
CLC: D922.181;D925.1
Type: Master's thesis
Year: 2011
Downloads: 37
Quote: 0
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Abstract


With China’s rapid development of the real estatemarket and civil rights consciousness, as related to owner of joint interestdisputes have been on the rise in judicial practice performance. there aremany problems in the current trial practice and different approaches,suchas that how to use substantive law regulations or procedural lawregulations, and how balance the common interests and individualinterests conflicts. Property law and the relevant judicial interpretationshad ruled that the owners have the right of common interests andcommon management rights, but the problem of responsibility was takedevasive attitude , in fact increase the difficulty of the owners′rightsprotection. Therefore, it is necessary to involve the owner commoninterests in theory and practice to analyze and discuss, in order to solvethe current residential property management dilemma and the owners ’rights issues and problems.I think that in order to ensure the implementation of commoninterest in the maximum, or jus of the property management ordinanceand other laws and regulations of the general assembly should give theowners meeting or the owners committee of the action, on behalf ofowners to the relevant legal proceedings in the common interestsprotection. Because the owners meeting or the owners committee onbehalf of owners to proceedings, the whole legal cost will be shared by allowners, at the same time the action of the owners meeting or the ownerscommittee should be standardized under the appropriate monitoringmechanism. In view of the owners meeting or the owners committee isnot independent, the judgment ’ force should be expanded to all theowners and owners should be convicted of the rights or obligations.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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