Study On The Realty Management Contract

This paper seeks to reveal the executing principles of realty management contract and its realistic significance through the way of introducing different legislations in other countries, analyzing the basic problems, such as legal attributes of the contract, constituting theory of contract relations, and the rights and obligations of contract. At the same time the deficiencies of our present realty management contract laws are reviewed earthly and objectively, especially the problem concerning about the protection of the proprietor in contract, in order to improve legislation and instruct the legal practice.Three parts constitute this paper, introduction, text, and conclusion. The first part introduces the genesis of realty management and its development in China, and points out the existing problems in realty management contract. The third part summarizes the possibilities of improving legislation in our country. As the main body, the second part is composed of four chapters:The first chapter mainly introduces the legal basis of realty management contract, legislations of other countries, the legal nature of the contract and related theories. Under the circumstance of transformation of economic system, the change of'Unit Fellow'mode and free association of individuals are indicated to be the two foundation stones of realty management contract in modern society. Although the theories about the legal nature of realty management contract are various, yet the pay duty of contract is the premise to specify the nature of the contract. In fact, the pay duty includes commission, construction and so on, and realty management contract falls into'Typenverbindungsvertrag'.The second chapter mainly introduces the constituting theory of realty management contract relations. The realty management company and the association of proprietors as the parties of contract have their specialties, and the realty service, object of contract, is a kind of comprehensive specific service which is composed of management and laboring, and is provided by the realty management company according to the law and faith. The realty service is neither commercial dealing seeking for profit nor cooperative business among commercial parties, and it should be classified as the general civil legal act.The third chapter mainly analyzes several important problems rising in the contract concerning about the constitution and implementation of rights and obligations. The two parties of the contract perform correspondingly: the realty management company asks for the fee of service, and the association of proprietors gets the service for realty management. Collaborative perform and economic perform give particular instructions to the specific implementation of the contract. And the association of proprietors exerts extra influence in promoting the implementation.The forth chapter mainly discusses the protection of proprietors in contract. The necessity both in legal theory and practice requires the application of the laws of consumer protection in realty management contract. The specific contents of the rights of consumers are construed in detail, and the legal control of typification of realty management contract and the charge for realty service, is put forward to boost the better protection for proprietors by amending the right to learn the truth and the right of supervision in contract for the association of proprietors.