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近年来,业主委员会以原告身份提起诉讼的案例逐渐出现,并呈不断增多的趋势。对这一新类型的物业纠纷案件,法院首先要明确的是业主委员会是否具有诉讼主体资格。虽然现行法律至今对此仍未明确规定,但司法审判实践大都倾向于业主委员会具备诉讼主体资格。在法律作出明确规定前,赋予业主委员会诉讼主体资格具有相当的现实需要性和合理性。但是需要注意的是具有诉讼法上的主体资格并不一定是个案中的适格主体。
In recent years, there have been more and more cases of owners' committees initiating legal proceedings as plaintiffs, and the trend is constantly increasing. For this new type of property dispute cases, the court must first make it clear whether the owners' committee is the subject of litigation. Although the current law has not yet provided for this, the judicial trial practice mostly prefers the owners committee to have the subject of litigation. In the law to make it clear that before the litigant committee to give the main litigant qualification has considerable realistic necessity and rationality. However, it should be noted that having the subject qualification in the procedural law is not necessarily the appropriate subject in the case.