The Study On Property Management Contract's Basic Question

In recent years, accompany with the reform of housing system and the acceleration of commercialization process, the property management industry has developed gradually in China. The city real estate especially town house the small area profession turns scientific, ordernization the progress of management can more significant propulsion. The lives and the working environment of the majority of people are greater improvement. At the same time, the property management has become a newly arise service industry which absorb a large number of employer and contain huge business opportunities and better prospects for development. However, our property management industry, after all, is still in its infancy. The phenomenon of real estate market in our country widespread, existence "reconstruction establish, light management", and neglect the thing industry management to the adverse effect of the real estate market. Many issues related to legal highlight in front of us. As one to deal with property management companies and an important basis for the relationship between the owners of the property management contract has become a focus of conflicts and the carrier.Property management contract refers to the thing that the property management business enterprise carries on maintaining, protecting, managing to the facilities and equipments, relating place of the house and the kit, and supporting the environment, hygiene in the related district and order, on the other hand the owner pays the contract of the expenses. The basic theories of this text appurtenance industry management contract commence, passing the present condition of the analytical foreign mature thing industry management market and developing trend, have a foothold the our country is current the thing industry management the contract dispute of type with become because of, put forward our country the thing industry management contract of law rules and regulations. The subjective is divided into four parts.The first part mainly studied the basic theories of the property management contract, the concept and types of the property management contracts is summed up a summary, and law characteristic is revealed, that is, the property management contract is a civil contract, services contract, at the same time also a bilateral, onerous, consensual and solemnity contract; For the define of the property management contract legal nature, the writer suggested that the property management contract did as an independent contract into the famous "Contract Law" and renamed the property services contract, which is conducive not only to distinguish and compare ,but also to grasp the nature of the property management contracts in order to resolve disputes of the practice; Carried on a research to the three outline elements such as corpus, objects and d contents and so on that constitutes the thing industry management contract in the meantime. The second part mainly studied the present condition and development trends of the foreign property management, and on the basis, we can abstract lawmaking experience of foreign property management. Through analyzing on sophisticated property management market in the world nowadays, the property management that announces to public has already changed direction a simple management style, the dynasty wears knowledge to turn, the information-based direction development, with the artificial center, with the exaltation mankind's work, life quality, raise the thing industry value and mankind society of can keep on the development as target.The third part mainly studied disputes of the property management contract today. Based on the reality of our country, we should sum up dispute of contract' concrete types of property management, and manage output reason of the contract dispute to carry on a reading to the thing industry nowadays.The forth part mainly studied law and legislative proposals of the property management contract in China: we should promote the property management law time frame, manage the property management contract to designate as have a well-known contract, redefine the concept of property services contract, define the property management contract corpus, recognize the actual use of the property's legal status, and gradually push forward the owners of corporate groups; It should be thin to turn the property management contract contents, and make it to turn further and definitely, transparency, which promote the property management industry to promote smooth, healthy and sustainable development in our country.The author believes that: the contradictions and conflicts of property management contracts in practice, to a large extent, arise from property management laws and regulations which are far from perfect. The contract should adjust the fixed position of property management law to this, from the government management to the owner autonomy management, which is based mainly in the form of legal recognition and protection of the owners of autonomy. In addition, the contract should be for property management practices. The laws and regulations of property management should be improved, fill up the contents of the property management contract each kind of corpus law position and the property management contract category, explicit property management the law responsibility divide the line and apply law basis. It is the only way to resolve the property management contracts practice the deep-seated contradictions and safeguard property management market, fair and just order.