“业主”概念之辨析——民法学视角解读

Discrimination of the Conception of "Owner":on the Perspective of Civil Law

业主是物业的所有权人和物业管理法律关系的主体之一,在范围上应包括已取得房屋所有权证书的人和已办理商品房预售合同登记且所购房屋已入住使用的人。为了解决目前物业小区管理上面临的问题,立法上应当确认"物业使用人"的概念及其"准业主"身份和权利范围,肯定物业使用人经业主的书面委托可以代理业主参加业主大会的活动,并可以成为业主委员会成员,从而成为物业管理法律关系的主体。

The owner was one of subject of the proprietor of property and the property management relationship which should included the people who had acquired the certificate of the house ownership and the people who had registered commercial housing pre-selling contract and had checked in the house that had registered in range. To solve the problem of community management of property at present, it should confirm the conception of ＂the property users＂ and their identity of ＂quasi-owner＂ and their scope of authority, in legislation affirm that the property user could take part in the activity of houseowner convention entrusted by the property owner through written form and can become the member of the property owner committee and then become the subject of the property management relationship.