Study Of Several Legal Issues On Property Management

Property management is initiated in Britain in the 1960's and then got popular in Europe and Americas. The Hongkong region of China draws the experience from Britain, and forms a unique property management system according to the fact of the region. The property management in the Mainland was introduced form Hongkong to Shenzhen and then grew up step by step. Property management is closely related to the very interests of the common people; the amount of related disputes is increasing and has been highlighted by the whole society. Because of insufficient theoretical research, non-unified legal system and imperfect regulations, it is very difficult to deal with the disputes in the practice of property management and they cannot be solved very well. "The Property Management Regulation" was just enacted last year, and the compatible laws and regulations are yet to be perfected. For some issues on property management there is no theoretically common understanding. It is very essential to further study the issues on property management from the theoretical base.The author was responsible for the approval of "Changchun City Urban Housing Area Property Management Regulation" in March 2001; therefore the development situation of property management is paid much attention to. This thesis discusses and analyzes some aspects such as discrimination of nature of property management right, issues on legal effectiveness of property service contract, treatment of typical property management disputes and perfection of legislation of property management, and proposes the viewpoint of her own.The legal basis of property management is the proprietors' ownership of property. The management right of the property management enterprise comes from the entrusting and authorization of proprietors. The item of this kind of entrusting and authorization is miscellaneous affairs treatment conducts—management affairs. The property management enterprise represents the will of all proprietors. That is to say property management enterprise, on behalf of every individual proprietor maintains the collective interests and the utilization order of property. When providing service to proprietors, according to the agreement in the property service contract and the authorization of general meeting of proprietors, the property management enterprise can manage the buildings and disciplines the conducts of people in the property management area. This kind of management and discipline essentially falls into the scope of service provided to proprietors. The basic motive is the need of proprietors for property service. It is a combination of proprietors' need for service and property management enterprise's provision of service. The basis of legal relation for this need and provision is the property service contract. The essence of property management right is the property service contract obligation performed by the property management enterprise.In the activity of property management, the property service contract is the legal base to decide the rights and obligations of proprietors and the property management enterprise; the issue of its effectiveness is critical. Among the litigants of property service contract, the property management enterprise has independent legal person qualification; and proprietors are natural persons, legal persons or other organizations that are decentralized and have independent legal person qualification. Between proprietors and the property management enterprise, there are relations between equal civil subjects. Because property management is related to the common interests of all proprietors in the property management area, the enterprise is not able to sign a service contract with each and every single proprietor and can only sign a uniform service contract with the proprietors committee after selected and recruited by the general meeting of proprietors. However, the proprietors committee has no independent will declaration ability; its status is only the executing body of the general meeting of proprietors...