Is the owners' committee regarded as other organizations in civil law?

According to the laws of our country, there are three subjects that can participate in civil activities: natural persons, legal persons and other organizations, and the state. To become a civil subject, a social organization must have the status of a legal person or belong to other organizations, otherwise its behavior cannot be recognized and protected by law. The so-called legal person refers to an organization that has the capacity for rights and conduct, enjoys civil rights and undertakes civil obligations independently according to law. A legal person must meet the following four conditions: (1) It is legally established; (2) Having necessary property or funds; (3) Having its own name, organization and place; (4) Be able to bear civil liability independently. Other organizations become unincorporated organizations, which refer to organizations that do not have legal personality, but can conduct civil activities in their own names. China's General Principles of Civil Law has no provisions on other organizations, but Article 49 of the Civil Procedure Law stipulates: "Citizens, legal persons and other organizations may be parties to civil litigation." The Supreme People's Court's "Opinions on the Application of Several Issues" further clarified other organizations, among which Article 40 stipulates: "Other organizations as stipulated in Article 49 of the Civil Procedure Law refer to organizations established according to law, which have certain organizational structure and property, but do not have legal personality." It can be seen that other organizations are one of the civil subjects recognized and protected by China's laws, mainly including partnership enterprises, individual industrial and commercial households, rural contracted households, sole proprietorship enterprises, branches of corporate legal persons, and other business entities and public welfare organizations without legal personality.

The difference between legal persons and other organizations is mainly manifested in whether they can bear civil liability independently, and legal persons can bear civil liability independently and be strictly separated from members' responsibilities. For example, the responsibilities of the company and shareholders are independent of each other; Other organizations cannot bear civil liability independently. Although their responsibilities are separated from those of their members to a certain extent, members must bear the ultimate responsibility. For example, if the partnership enterprise is beyond the scope of the partnership property, the partners shall bear unlimited joint liability.

According to China's "Property Management Regulations" (hereinafter referred to as the "Regulations") on the provisions of the owners' meeting and the owners' committee, the owners' meeting is composed of all owners, representing and safeguarding the legitimate rights and interests of all owners in property management activities, and performing the following six duties:

1. Formulate and revise the owners' convention and the rules of procedure of the owners' congress;

2. Elect and replace members of the owners' committee and supervise the work of the owners' committee;

3. Hire and dismiss the property management company;

4. Decide on the use and renewal scheme of special maintenance funds, and supervise the implementation;

5. Formulate and modify the rules and regulations on the use of * * * parts and * * * facilities and equipment, public order and environmental sanitation maintenance in the property management area;

6. Other duties related to property management as stipulated by laws, regulations or the rules of procedure of the owners' congress.

Article 15 of the Regulations stipulates that the owners' committee is the executive body of the owners' congress and performs the following five duties:

1. Convene the owners' meeting and report the implementation of property management;

2. Sign a property service contract with the property management enterprise selected by the owners' congress on behalf of the owners;

3. Timely understand the opinions and suggestions of owners and property users, and supervise and assist property management companies to perform property service contracts;

4. Supervise the implementation of the owners' convention;

5. Other duties assigned by the owners' meeting.

After comparison, we can draw the following conclusions:

First, the owners' congress not only has the right to formulate internal rules such as owners' convention, but also has the qualification to carry out civil activities such as "selecting and dismissing property management enterprises" and "deciding on the use and renewal of special maintenance funds", and can also exercise property rights on public venues, facilities and equipment on behalf of all owners;

Second, the owners' committee is only the permanent executive body of the owners' congress, which is responsible for handling the daily affairs of the owners' congress according to the authorization of the owners' congress. It can sign a contract with a property management company according to the decision of the owners' meeting, and it has no independent meaning.

Third, although the owners' committee was established according to law, there are no laws and regulations requiring the owners' committee to obtain legal person status after registration, so the owners' committee is not a legal person.

owners committee

Fourthly, in the practice of property management, people generally treat the owners' committee as other organizations, but from the analysis of legal responsibility, it is impossible for the members of the owners' committee or the owners to bear the ultimate responsibility for the behavior of the owners' committee.

On August 20, 2003, the Supreme People's Court's "Reply on the Case of Asking for Instructions on whether the Owners' Committee of Jinhu New Village has the qualification of civil litigation subject" pointed out that the Owners' Committee of Jinhu New Village meets the conditions of "other organizations" and can bring a lawsuit in its own name. The Supreme People's Court August 2005 15 "Reply on whether the owners' committee of Chunyu Garden has the qualification of civil litigation subject" points out that the owners' committee is the executive body of the owners' assembly, and carries out civil activities on behalf of the owners according to the authorization of the owners' assembly, and all the owners bear the legal consequences. In case of a civil dispute between the owners' committee and others, the owners' committee may participate in the proceedings as a defendant. According to these two judicial interpretations, the owners' committee is generally regarded as "other organizations" in law and has the qualification of civil litigation subject.