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Analysis of the owners ' rights and their legal remedies

Author: DaiZheng
Tutor: DuanKuang
School: Fudan University
Course: Legal
Keywords: owner owner’s rights legal remedy
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 40
Quote: 0
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Abstract


The condominium ownership was firstly specified as a type of ownership under the Real Property Law promulgated in and taken effects as of 2007, which expresses the legal spirit to protect the property of ordinary people. At the same time, such condominium ownership also is a legal guarantee for the fruit of the commercialized urban housing reform for the past twenty years. On October 1,2007, the amended Property Management Regulations also came to effect. The new regulation fully respects the owner’s legal interests, and further identifies and regulates the responsibilities of the assembly of owners and the committee of owners. Besides, it also emphasizes on the protection of the legal interests of owner and formalizes the rights, obligations and duties of both owners and property service enterprises at the same time.However, as it has not been long since the property management structure been introduced in our country, there are still pending issues such as inadequacy of law and regulations, lack of rules, weakness of supervisory and insufficiency of protection etc. The owners’ rights are always infringed from all aspects, especially from the developer, the property service enterprises, and even the government who are not in arm’s length with the owner. The purpose of this thesis is to give some practicable suggestion to protect the owners’rights based on full acknowledgement of the owners’ rights.Chapter I mainly introduced the owners’ rights. Firstly, I made a simple explanation about the owner who is entitled to have the owner’s right and the scope of his right. Secondly, I gave the definition of the owner and the specific contents of the owners’ right. In the last part of this chapter, I collected and verified the current valid regulations on the owner’s right. And I discussed the effects of current regulations on the protection of the owner’s right. This part analyzed the advantage and disadvantage of such regulations. ChapterⅡclassified the types of infringement on owner’s right, especially identifying the subjects who initiate infringements of the owner’s right and the actions taken. ChapterⅢfocused on the owner’s remedies when owner’s rights were infringed. In the last part of this thesis, I gave several practicable suggestions on the improvement of the protection system to the owner’s right based by summarizing previous parts of my thesis.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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