业主委员会的法律地位研究

Study on the Legal Status of the Committee of House-owners

主要分析了业主委员会的主体地位及其权利义务的内容。认为理论上业主委员会既非法人也非其他组织,无法律主体资格,而将此种资格赋予业主大会更加合理。但是在实践中,基于代表人理论,应由业主委员会进行起诉和应诉,并由全体业主共同承担诉讼结果。进一步介绍了其他国家的相关立法制度,并提出了立法建议。

This article has mainly analyzed the main body status of the committee of house-owners and its fight du- ty.The author belives that the convention of house-owners is neither the corporation nor the other forms of organization, because it has no capacity as a subject of law.It is more suitable that the capacity is given to the committee of the house-owners.But in practice,the litigant right is commonly performed by the committee of house-owners based on the theory of commissary.And the whole house-owners will be in charge of the result of the legal action. The article has further analyzed institutions of the committee of house-owners in details in the aspects of foundation,term of service, system of the meeting and so on.