Property Management Legal Research

Following the vertical and horizontal development of the real estate industry, property management is becoming a priority for legislation in many countries. Although the property management business has been well practiced in the world for many years, it is still in the early development stage in China. With the enacting of Property Management Code of China, there are still many questions and doubts regarding judiciary practices. Hence, this study adopts various research methods such as comparative, legal precedents, and cross examination of multiple disciplines to scrutinize the primary legal issues of property management from the aspects of economic and civil jurisprudence.This study examines the right and obligation relationships between property management constituencies, namely property owners, property users and property management enterprises. The key component of this study is focused on the three legal problems that currently exist in property management in China. They are: property owner related problems such as rights and obligations for most of the property owners, rights and obligations between property owners and property management enterprises, and property management enterprise related problems such as their systems. First of all, this study provides a fundamental legal analysis regarding property management. It uses jurisprudent theories as the basis and combines with Need Hierarchy Theory and Game Theory to form "Norm Density Theory" and "Norm Economic Theory". Then it analyzes the aforementioned problems from two aspects, i.e. the basic private law of property management, and property management constituencies and their legal status.The conclusions of this study include: the repositioning toward the legal status of the property management constituencies, recommendations for the...