浅探我国业主团体法律制度适用3.docVIP

浅探我国业主团体法律制度的适用 （硕士论文摘要） 伴随我国住房商品化政策的不断发展，物业管理伴随房地产的发展逐渐兴起，物业小区管理团体制度也引起了越来越多的关注。本文通过对现行法的分析指出，作为现行物业小区管理团体的业主大会与业主委员会，并不具备独立的民事主体资格，这为业主维护权益和物业小区管理的进一步发展带来了很大的制约。因此，笔者建议参照以美国为代表的物业小区管理团体相关立法，引入业主团体制度。所谓业主团体指的是由全体业主组成分，并法律Abstract Major: Economic Law Direction: Commercial Law Author: Tutor: With the development of housing commercialism policies and property management. the condominium association system is attracting more and more attentions from society. Basing on the analysis of the current laws, this thesis indicates that the owners’ meeting and owner’s committee, being condominium associations under the current laws, do not have the independent qualification of legal person. Due to the lack of an independent legal person as the condominium association to represent the condominium, the owners’ interest and the further development of management level in condominium are hindered. So the author advises to consult the corresponding laws of other countries and regions and transplant the owners’ association system. The owners’ association means the condominium association composed by all the owners but independent of owners and having a qualification of legal person to represent the condominium to engage in civil activities. Through listing some cases, this thesis indicates disputes rising from the lack of owners’ association. Basing on the analysis of the corresponding laws with respect to condominium association of U.S.A, Germany, Japan and Chinese Taiwan, this thesis considers that the reasons why current condominium association system does not have the owners’ association are the lack of owners’ association in the laws of Germany and Chinese Taiwan which are paralleled by China and the weakness of current theory of legal person. Through reforming the theory of legal person, this thesis advises to give the condominium association the qualification of legal person. Then this thesis indicates the owners’ meeting is not suitable to be the independent association f