Analysis About Some Issues Of Real Estate Legal Relationships

Along with the development of economy of our country, and the quickening of urbanized advancement, enterprises of real estate service in our country are facing the unprecedented opportunity. As a profession which was emerging in our country in recent years, the real estate management is rapidly expanded. But the related legislations get behind. Through the real estate contract of service to harmonize the bilateral rights and obligations and the standard bilateral behavior seems especially important. As having the partitioned ownership of building areas, the owners get the right of managing the real estate , and awards through the estate service contract to award the right to the estate service company, to carry out the property management. Only the truly understanding of the basis of property right of real estate service legal relationships and to well define the bilateral rights and obligations, can the contract be better fulfilled.The article includes four parts.The first part is about the summarizing of the legal relationship of real estate. As to the understanding of the concept, I think that it has the generalized and the limited two meanings, and the real estate service which the real estate service company provides is refers to the limited meaning. Further more, also through the comparative analysis of the real estate management legal relationship and the real estate service legal relationship, further elaborated the character of the civil legal relationship as real estate service. The estate management legal relationship is a general concept, is a entity which is composed of the multiple relations, and the real estate service legal relationship refers particularly to the equality service between the owner and the company.The second part introduced emphatically the real right foundation of the real estate service legal relationship - - building partition rights, and gave a thoroughly analyze of the authority of the concept of the real estate management as it is debated. I think that the partitioned ownership of building areas is different from co-ownership, and also different from joint ownership. The owner based on partitioned ownership of building areas obtains the right of management of the real estate , the owner association through awards the authority of management of the real estate to company to achieve the property management. As the holder of the right has changed, the right content changed also . The article analyze the authority of management of the real estate from the company and the owner two aspects.The third part mainly introduce the legal relationship of the parties of the real estate service contract , and has analyzed the owner, the company, the owners assembly and the owner committee's rights and obligations in the service of the real estate.In the fourth part , I mainly give solutions to the practical legal disputes. The author thought that the dispute divides into two varieties: One kind is because the real estate authority of management between the owner and the company is unclearly, for instance the advertisement question, the question of violating regulations to build things, the parking question and so on. In this kind of questions, as the power is unclear, the responsibility also to be unclear, the losses as well as the profits are very difficult to definition clearly. The author research the questions based on the real right law and the contract law of the people's republic of China, and put forward the legislative proposal. The other kind of dispute is caused when the companies performing service obligations. It mainly includes the questions of security services and the service charge questions. The author thought that we should act according to the characteristic of civil contracts, to guide the companies to provide better services. And in the end , I gave some proposals to our country's present legislation.