Investigation On The Legal Issues Of Real Estate Management Contract

With the development of socialistic market economy in mainland and the roaring of the realty trade, the business of real estate management has completed the evolution from jumping-off to booming development, playing the role as the industry driving from the realty exploitation and the housing mechanization and service. The expansion of real estate management industry promotes the law system of real estate management becoming perfected. The issuance of Regulations on Real Estate Management, which unites the department regulations and local statutes and regulations as the administrative statute, is the milestone of legal evolution of real estate management. The contract of real estate management is not only the core of the legal relations of real estate management, but the important part of Regulations on Real Estate Management. Starting at the contract of real estate management, this thesis paper is mainly on the existent problems in the statutes of real estate management in the way of comparing with the relevant laws and regulations in other countries and districts.The first part presents a general introduction of the development of real estate management in mainland and the legal system of real estate management. By the way of investigating the location of Regulations on Real Estate Management in the legal system of PRC, the part sums up the force level of the statutes of real estate management and confirms the force on the contract of real estate management. This part argues the influence of Regulations on Real Estate Management on the contract of real estate management and put forward thesystem design of the legal system of real estate management through investigation on the advancement and exposed problems of the regulation.The second part is mainly on the basic theory of the contract of real estate management. Comparing with the relevant civil definitions and contracts, this part concludes the legal features and quality of the contract of real estate management. Using the legal theories and laws in other countries and districts for reference, it also discusses the legal location of the subjects in the contract of real estate management, with the view of settling the questions of the litigants in the dissension of the contract of real estate management. Then it investigates the conclusion, execution and release of the contract of real estate management in the way of contract law, emphasizing on the force of the contract of real estate management.The third part eyes on the problems of the contract of real estate management in reality. It concludes the types of the dissensions of the contracts and presents the requirements for the amendments in the statutes of real estate management.The author believes the conflicts in the practice of the contract of real estate management rise from the defects in the statutes of real estate management. As the countermeasure, we shall adjust the legal orientation of the laws of real estate management, turning the emphasis to the owners' self-rule. Apart from the measures, we shall also complete the statutes of real estate management by filling up the absent contents of the legal location of all the subjects in the contract and all the types of the contracts and identifying the liability burden and the applied laws. Only in this way can we settle the lying conflicts in the practice of contracts of real estate management and maintain the fair order in the real estate management market.