Research Into Legal Issues Of Real Estate Service Contract

This research is about the real estate service contract. Through the synthetically research on the basic theory of real estate service contract, rights and obligations of parties in real estate service contract, and the dissensions of real estate service contract in our true life, this paper offers proposals for dealing with dissensions of real estate service contract properly and perfecting the real estate service contract system.This paper is made up of five parts. The first part is the origin and concept of real estate service. It talks about the origin of real estate service, some relational concepts of real estate service and three kinds of real estate service contract. The second part summarizes the real estate service contract legislation and talks about the actuality among civil law system, common law system and Chinese law in real estate service contract, and then compares with each other in advantages and disadvantages, in order to give some advices to our country's legislation and judicature. The third part talks about the characters of the real estate service contract. From comprehension aspect, we should not only be cognizant of the contract exterior characters, but also hold its profound connotation. On the base of contract comprehension, this paper analyses legal characters of the real estate service contract and compares it with other contracts, and it finds there are a lot of essential differences between them, and that's why the real estate service contract becomes a new kind of contract. The fourth part analyses the real estate service contract subjects'right and obligation. First, it analyses and defines the objects that need to be discussed, and then compares Chinese legislation with overseas legislation in the real estate service contract. The article lays stress on expounding right and obligation of the real estate service companies, owners, owners convention and owners committee. The fifth part talks about the problems of the real estate service contract in practice and its countermeasures. This part aims at all kinds of dissensions in real estate service contract, analyses deeply in jurisprudence, and provides some countermeasures for solving and perfecting outstanding problems in practice.