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What about the property in Renmin New Village?
Legal basis:
The second paragraph of Article 78 of the Property Law stipulates: "If the decision made by the owners' congress or the owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners may request the people's court to revoke it." That is to say, if the decision made by the owners' congress or owners' committee infringes on the legitimate rights and interests of the owners, the infringed owners can take the owners' congress or owners' committee to court and request the people's court to revoke the decision made by the owners' congress or owners' committee according to law. That is, the owners' committee can be sued as a defendant.
Article 83 of the Property Law stipulates: "The owners' assembly and the owners' committee have the right to require the actors to stop the infringement, remove the danger, remove the obstruction and compensate for the losses in accordance with the laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as dumping garbage at will, discharging pollutants or noise, raising animals illegally, building tunnels illegally and refusing to pay property fees". That is, the owners' committee has the right to file an infringement lawsuit as a plaintiff.
Reply of the Supreme People's Court on the case of whether the owners' committee of Jinhu New Village has the qualification of civil litigation subject for instructions.
[2002] Minlitazi No.46
Anhui Higher People's Court:
Wan Min Zhong Yi ZiNo. 102 [2002] in your hospital. 1 12 "Request for instructions on whether the owners' committee of Jinhu New Village has the qualification of civil litigation subject" has been received. After study, the reply is as follows:
According to Article 49 of the Civil Procedure Law of People's Republic of China (PRC) and the Supreme People's Court's "About Application"
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