| 英文摘要 |
“Condominium Administration Act Building Administration Division” has definitely ndowed management committee with mainstay of litigation, but it is not clear to explain what the nature is. According to “the civil procedure act”, the management committees are close to non-corporation. As long as it is to conform to the conditions of non-corporation, the management committees may obtain the qualifications of mainstay of litigation in accordance with “the civil procedure act”. Since different opinions of non-corporation exist in the academic circle, it is likely that the independent property is the essential condition in non-corporation. However, various acknowledgement of independent property exists in all circles. From a study of why the law has endowed management committee with mainstay of litigation, To own ‘independent property’ is not to exist one of the condition of noncorporation. From this point of view, we must understand ‘independent property’ with broad sense. In another word, as long as the personal property is different between membership and the party, the property can be controlled and managed by the organization. In addition, a public foundation of management committee is belong to all the unit owners. However, because of the cash in treasury to set up, in order to control and to use by the management committee, it is satisfied the condition of “independent property”. That is to constitute the “independent property” of the management committee . Finally, the station of Management committee cannot do without a study of the practice problem. Therefore, this paper analyzed the judgement in recent years relating to civil law and administrative law.
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