Civil Legal Relation Of Area Property Management Studies

Chinese property management industry develops, but is a new industry though having got a fleetness in recent years, who studies the developed country of level still not comparable with abroad. Reach to civil property management legal relation theory also fails to civil tradition law concerns China other. Legislation mounts the property management legal system giving first place to"property management regulation" still having a lot of aspect being not enough to improve and perfect. "Ownership Law" though new, to having also been in progress "property management regulation" in substance be amended and be failed to reach complementary, but still distant to improve and perfect. These have restricted Chinese property management industry continuing for all gravely, health has developed, the author tries to be on the march to civil legal relation of property management therefore, analyzing self viewpoint and beneficial suggestion studying hope is able to bring forward one point.In the field of property management legal relation subject, the author regards as the concept ought to lead into a "household", Set up "the proprietor representative" and "property management group "system, expand adjusted "regulation" subject range. Protect the system being not that the proprietor uses peculiar benefit of person to being not that the proprietor uses person to classify and set up again. Range of thing job administer is gone down in the premise having restricting condition, is expands the company, organization and natural man according with legal quality to everything.In the field of property management legal relation object, include thing job and their subsidiary facilities and thing job behavior mainly. The author has carried out property management behavior classifying again.In the field of property management legal relation content, the author analyses property management relevance civil rights mainly, includes property management creditor's rights right and property management ownership right mainly.The property management creditor's rights right originates from proprietor convention and the property management contract. Ownership right originates from a building distinguishing proprietary right from building bordering right. Detailed analysis the subject of a book has been carried out on proprietor convention characteristic and law character, property management contract character. Proprietor convention is one kind of the peculiar contract having the civil autonomous rule law character; The property management contract is not to enumerated the bright compound contract or blend a contract, and not ought to apply to onone kind of contract law "Law on the Protection of Consumers' Rights and Interests ". Creditor's rights content in both relate to and have organic union of difference, first, second to have composed property management between proprietor convention and the property management contract.The property management ownership right originates from divided ownership of multi-storey building and building bordering right. The author emphasizes joint possession part in having analyzed differentiation possessions. Advocate the housing property joint possession part being subdivided for the common entire proprietor part and the common part proprietor part, set up the property management group, be in charge of the affair managing the thing job being a part's turn and according to that the common part proprietor part is an unit one by one.The existence civil concerns the simplicity having been in progress mutually between the author subject to each property management legal relation description, priority has analyzed the legal relation between the proprietor and the thing job administer, has thought that relation , unable simple considering different matters as the same have different civil under different condition. And then, problem brings forward a few to thing job managerial fee resolving a scheme.