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《物权法》第六章中出现了业主、业主团体机关即业主大会和业主委员会等主体,也分别规定了各个主体的权利和义务。其中,业主是房屋的所有权人,是建筑物区分所有权中不可缺少的主体,而业主大会和业主委员会均是由业主设立或选举产生,是业主出于为使自己的权益得到最有效的保护的目的而设立的主体,在建筑物区分所有权法律关系中它们是可有可无的存在,法律并没有要求业主必须设立这些主体。可一旦业主设立了这些主体,各方当事人就应当严格按照《物权法》及其相关法律规定行使各方的权利义务。依据《物权法》及其相关规定,作者认为,业主与业主委员会的法律关系大致可以分为设立与被设立、约束与被约束、监督与被监督等三种关系。
The sixth chapter of “Property Law” appeared in the owners, the owners of the body that is the owners of the owners and owners of the Committee and other subjects, also provided for the rights and obligations of the various subjects. Among them, the owner is the owner of the house, which is an indispensable part of the ownership of the building. The owners ’assembly and the owners’ committee are all established or elected by the owners. In order for the owners to obtain the most effective protection for their rights and interests The purpose of the establishment of the subject, in the legal ownership of buildings in the separation of their existence is dispensable, the law does not require owners must establish these subjects. Once these owners have been established, all parties should exercise their rights and obligations in strict accordance with the “Property Law” and its relevant laws and regulations. According to the “Property Law” and its related provisions, the author believes that the legal relationship between the owner and the owners committee can be divided into three kinds: relationship of establishment and establishment, restriction and restriction, supervision and supervision.