The Research Of The Realty Service Contract

Realty service contract as the basis of realty management activities in property management in a core position, as our country socialist economic system, the establishment and development of urban housing system reform deepening and the rapid development of real estate market, property management as to buildings and ancillary facilities and area for specialization and socialization, entrepreneurial comprehensive service mode, has become an inalienable residential housing consumption, and an important part of growing is widely accepted. But, realty service contract in our country's existing legal system and no definite position, relevant law system is not perfect, it makes our country's property management contract met many difficulties in practice. Realty service contract dispute appear ceaselessly, also seriously affected the further development of the property management services.This paper from the realty service contract with the attributes, based on the meanings of the realty service contract show the basic situation, which makes the analysis of the realty service contract the history and present situation, at the same time, more clear for realty service contract, makes a deep analysis of the legal characteristics, further explained the realty service contract has its own characteristics. Finally to realty service contract nature of our current discussed about the nature of realty service contract description for comments, the author thinks that realty service contract does not belong to entrust contract, finally puts forward the author's advice.Part two of this article from the content of the realty service contract to explain. Realty service contract is a kind of new civil contract, has its own characteristics. As property management activities in the initial stage and foundation stage prophase realty management shall be subject to the realty management, is also very important link, then, as a legal basis prophase realty service contract also inevitable are the realty service contract is one of the core part, the author from the prophase realty service contract subject and ordinary realty service contract between the rights and obligations of subject to further clarify the realty service contract subject should enjoy the rights and shall perform the corresponding obligations, thereby better to prevent realty service contract dispute provide premise security, for the purpose of further regulating the realty service industry to provide legal support and theoretical basis.The third part of the articles from the realty service contract effectiveness aspects. First, through the realty service contract discusses subject qualification, clear qualified the realty service contract relationship that standard. Main qualified Secondly, from the realty service contract subject real problems mean further research and further explains realty service contract subject to mean real estate service contract effectiveness, thus to avoid invalid the influence of the realty service contract appears, try to avoid and reduce the realty service contract dispute produce. Finally, through to the realty service contract content analysis shows that the legitimate to further for the validity of the realty service contract to provide legal support.In the fourth part of the thesis from realty service contract subject to the legal responsibility that analysis. Firstly illustrates the prophase realty management process of the legal responsibility construction unit, then illustrates the realty service contract, the owners' committee, in the final analysis, legal responsibility illustrates realty service contract realty service enterprise legal responsibilities. From legal liability to the regulation of strict supervision, to prevent the realty service contract subject violation of other actors, thus reducing the legitimate interests of the realty service contract dispute, and promote realty service industry is healthy and rapid development.