Some Legal Issues Study Of The Residential Estate Management

On September 1st, 2003, the State Department promulgated the " Estate Management Regulations" .It is our first professional estate management legislation, which has been amended four years to explore. This is an important achievement in the development of the estate management. The law itself has some shortcomings, and does not match the existing policies, so the practice has led to many disputes relating the estate management. This requires us analyzing the characteristics of these legal disputes in order to successfully resolve these disputes. In reality, Estate management involves numerous legal relations, so there are many problems of it. This paper mainly discusses some residential estate management problems, which are representative.The research idea is: First, I will explain what kind of rights the owner can have, and the character of the rights. The difficulties of this issue currently focus on the estate ownership relations. There are two main ways for estate owners to enjoy the rights: one is autonomy, and the other is to entrust the management to enterprises. We found that difficult problems of autonomy is the legal status of institutions of self-government owners, and the difficult problems with enterprise management is the legal nature of the estate service contract.The first part is the estate order of real estate. It's a big problem that bothers the developing of estate management at present.Firstly, this paper analyzes the concept of real estate. I think it is proper to define"real estate"as"kinds of buildings and ancillary facilities, equipment and related places that have already been set up and used.Secondly, this paper defines the component of real estate. The real estate is a form of material existence, consists of lands and affiliated buildings, is the reunification of buildings and lands. Specifically, a complete real estate is composed of the following four components: 1. Building themes. 2. Ancillary equipment. 3. Public facilities. 4. Building plots.Thirdly,this paper analyzes the property constitution of real estate. The rank management is the most important, the power of estate management is from the real right. The distinguished ownership system of buildings is the law...