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《物权法》第七十八条明确了业主委员会在民事诉讼中具有被告的主体地位和资格,实现了业委会民事诉讼主体资格从没有明确规定到有明确规定的历史进步。但是,《物权法》规定的业主委员会的民事诉讼主体资格,只限于业主委员会的决定侵害业主合法权益之情形。其责任形式也仅限于撤销决定一种。对此范围不应盲目扩大。
Article 78 of the Property Law clarifies that the owners’ committee has the dominant position and qualifications of defendants in civil litigation and realizes that the qualifications of principal subjects of civil litigation in Industry Committee have never been clearly stipulated and that there is a clear historical record of progress. However, the property rights of the owners ’committee stipulated in the Property Law is limited to the situation that the decision made by the owners’ committee violates the legitimate rights and interests of the owners. Its form of responsibility is also limited to the kind of revocation decision. The scope should not be blindly expanded.