The Owner's Right Of Defense

At present in our country, the property of the contract dispute is still an important problem to be resolved one, which relates to the social harmony, people live and work problems. Throughout the types, now property dispute of a type that owner for primary property company service contract and JuJiao property fee of contract dispute. According to authoritative organization investigation showed that more than half of the owners' rights of direct way, is JuJiao realty service fee. But the defense of exercise is to follow certain provisions, cannot optional use, only the correct use of the owner's right of defense can better maintain owner's equity. Research owner whether it has what defense, defense, has made the typifications and refutable system in the realty service contract and the suitable problem, it is very important significance.Aiming at the real life of the owner defense exercise problems deeply studied, and the nature of according to owner defense and object, the owner refutable achievement-stereotype, make classification more clarity. This paper USES of law and economics, law philosophy, history jurisprudence to the owner's right of defense are summarized, this paper summarises the owner defense, and conducted in civil law system consummation. This paper combining case analyses and studies the owner of the real life appear refutable problems, and radically improve owner refutable system, will solve the problem. This article in the first chapter of the history of the derivative method of defense and development, whereby the clear the defense in the civil law system's historical position, then extends to the owner of the general theory of defense, defense right owner are classified, arid the produce of legal principles were analyzed and studied. The second chapter to the owner's right of defense, expounds the specific classification, namely, the owner of a realty service enterprise's right of defense. This chapter discusses the owner and the realty service enterprise of contract law, then the relationship of the owner of a realty service enterprise's right of defense offers a more refined classification. But the owner of the exercise is not an unlimited defense, so the chapter also for owner to the realty service enterprise's right of defense permissions are analyzed. The third chapter discusses the owner of the second big refutable classification, namely the owner to the owner autonomic organization's right of defense. This chapter also refer to the owner of the member right, this article has discussed the self-governing bodies and for the overseas introduction and lead to China's autonomous organizations. The fourth chapter is owner defense in the law, is to the perfection of the first two chapters appear the solution to the problem. This article through to in real life appeared owner refutable problems summarized, typifications research, thus make owner safeguard oneself rights and interests that there are rational to be followed.