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业主委员会的法律地位问题,一直困扰学界多年。焦点之争,在于业主委员会是否有独立承担责任的财产。即使承认业主委员会有独立法律地位的学派,在面对业主委员会是否有自己担责财产的质疑时,其反击也是空洞无力的。本文通过解析财产的涵义,发现业主委员会有一种完全可以承担民事责任但却被人们忽视的的财产:债权。正因为业主委员会有这一重要财产,所以业主委员会有自己独立的法律地位。这一认识解决了因对业主委员会法律地位定位的模糊,所导致的许多立法及实务问题。
Owners Committee’s legal status has been troubling the academic community for many years. The focus of the dispute is whether the owners committee has an independent responsibility for the property. Even admitting that the owners ’committees have an independent legal status, the counterattack is vague in the face of whether the owners’ committees have their own responsibility for questioning property. By analyzing the connotation of property, this article finds that the owners’ committee has a kind of property that can bear the civil liability but is ignored by people: debt. Because of the owners committee has this important property, so owners committee has its own independent legal status. This understanding solves many legislative and practical issues caused by the ambiguity of the legal status of the owners’ committee.