Several Legal Problems About Estate Management Dissention

I attempt to put forward my own elementary view of dispute about the subject engaged in the estate management, the main bases of the rights and obligations in the estate management (namely estate management contract), several main theoretical foundation and punishing principle of estate management,etc. legal problem by the discussion of the concept , legal foundation and essential legal principle of the estate management , in the hope of trying practice correctly beneficially. 1 Concepts of estate managementThere are works about the estate management and regulation to the estate management concept of legislation now in our country, incline to place the focal point on professional management organizations , such as estate management enterprise ,etc.'s accepting the property management activity implemented of owner's commission basically.As for concepts of estate management, it should be realized that estate management enterprises are not possible to manage others' real properties, they are authorized by the owners, because only owners themselves enjoy rights to manage their estates. Estate management is not limited to that of estate management enterprises and it is the demand of social production to let estate management enterprises run estates management business.2 Legal basics of estate managementIt is a legal foundation of the management system of the property that the building distinguishes the ownership theory, it has set nature that the building distinguishes ownership , therefore distinguish owner's identity with multiple obligee, in case of distinguishing all in the building , there are neighbouring relations too.The building distinguishes ownership and gives the owner independent administrative power, it is an owner that establishes the right foundation that the autonomy management group organizes, have confirmed that owner's administrative power must be exercised according to the law and owner's convention , distinguish the management relation of all buildings, need the standardization and specialized estate management.3 Legislation essence of estate managementThe basics of Estate management are owners' autonomy management. Owners are the holders of buildings and building developers have the same rights and obligations with the owners if developers are still the possessors of parts of the neighborhood after sales of the buildings. Owners' autonomy management rights are membership rights of differentiation. Non-owner users also have certain estate management rights, but the scope of the rights and obligations should not go beyond that of the owners. Owners' autonomy management rights should be exerted by the committee, which is Estate but juristic person. Holders pact is the rule which should be observed in owners autonomy management, which resembles contracts in forms but has its specialties compared with normal contracts.The commission business of professional estates management enterprises is the outer performance of Estate management. The enterprises can be artificial persons or other organizations that haven't legal personality . The management rights of estate management companies come from commission and authorization of owners. Owners assign management companies by estate management contracts. Estate management contracts are notcommission contracts or contracts confirming power of attorney, they should be service compacts. As laws haven't confirmed their names and rules, the kind of contracts should still be nameless contract, namely non- typical contract, which should be run according to laws compared with relative Famous contract. Estate management run by these companies can be parted as prophase estate management and normal estate management, and prophase ones have sanctions to holders. If the contract expired and not be extended, and new contract hasn't taken effect, whether the contract is effective depends on two situations.The essence of estate management is owners autonomy management, that is to say, estate management system is not composition or easy plus of autonomy management and commission management, it should be outer performance and natural extension of holders autonomy management.^ Study on estate management knottinessDeal with the estate management dispute, should regard distinguishing the ownership theory in the building as the foundation , based on estate management contract , hold each side party's main body qualification and rights and obligations in the legal relation of the estate management correctly.Methods to deal with major estate management dissensions as follows.Dissentions about estate management fees. Holders always make all kinds of reasons the excuses of fulfilling the right of contradicting suitably at the same time to default management fees. Owners can enjoy fulfilling the right of contradicting suitably at the same time, but the range should depend on the principle of balanced rights and obligations.Public security dispute in the estate management. The obligations of security personnel of the property are a kind of agreement obligation and paid obligation. Obligations of security personnel of the property, the essential normal strick precaution security activity that enterprise implement the estate management that mean, but not bodyguard's obligation. Weighing the obligations of security personnel of the property and is fulfilled, two kindsof situations of part of one's job are treated with a certain discrimination, and very thinning standard. If estate management enterprises default one's own obligations of security personnel, should bear the liability for breach of contract to the ownerThe building distinguishes the ownership dispute . The owner , as distinguishing owners, when one's own exclusive right , having the right altogether or member's right is infringed , ought to have the right as the lawsuit subject , in order to safeguard one's own legitimate rights and interests . Should be litigated with one's own name by owner's committee when involve owner's public interests in this kind of dispute.