A Research On Legal Questions Of Realty Service Contracts

The realty service contract is the owner or owners of the general assembly and the property services companies between the two sides a clear relationship between rights and obligations under agreements. The realty service contract shall be for property management issues, and service quality and service charge, both sides of the rights and obligations, a maintenance fund management and use of, property management housing, the contract period, the liability for an appointment. The realty service contract is to adjust the property services companies with an important basis for law relations. To the realty service of the contract is to correctly understand the realty service, and protect the owners and real estate service the legitimate rights and interests of the key.The purpose of the reading documents and information on the basis of the comprehensive use of comparisons, analysis and cluster methods of research, is for further discussion of the realty service contracts. The combined with"regulations on realty management","property law", relevant judicial interpretations of law and social reality, the realty service contract system is inadequate in our country, and we should try our best to put forward some suggestions. This article has five chapters.The first chapter is to outline the contract of the realty service. This chapter to the property primarily through the concept of service contracts, quality, variety, features and the difference between the realty service contract and other service contracts, see the nature of the realty service contract.The second chapter is the main part of the realty service contract. This chapter analysis the main part mainly by the research on property services companies, the owners and owners of the general assembly, and the qualifications of the committee. This chapter is divided into two sections. The first section is the qualifications of the property services companies and body position. The second section is to make sure the other side of the realty service contract mainly by researches on the owners', the owner of the general assembly's, the owner of the committee's character, status and liability.The third chapter is the effect of the realty service contract. This chapter is divided into three sections. The first section is mainly the effective of the service contract terms. The second section is invalid of the realty service contract. This section mainly describes the invalid due to sub-entrustment or standard clauses. The third section is discharged of the realty service contract. And this section mainly describes terms and procedures of application of disarmament, the legal consequences of the realty service contract's relief.The forth chapter is legal responsibility of the realty service contract. This chapter is divided into two sections. The first section is mainly about coincidence of civil liabilities and liability for breach of contract of the realty service enterprises. The second section is about the owners'liability for breach of contract according to the subject of the realty service contract.The fifth chapter is the perfection of the system of the realty service contract. This chapter is also divided into two sections. The first section is the necessity to make regulations on the realty service contract. The second section is legislative proposal of the realty service contract. It mainly includes naming service contract of property management, simplification of requirements about the first time meeting of owners, the perfection of status of owners' committee, and the specification of the administrative authority.