Content Industry Service With Law And Law Agent Asked Questions

After 20 years of development of the real estate market, the real estate industry has made considerable progress. Property management services as a kind of socialization, specialization, JingYingHua mode replaced the traditional management mode, the house property of service industry as main mode. Realty service contract as adjust and regulate the owner and property rights and duties in the relationship between enterprises in property law, in an important position in the relationship. Along with the development of property, how to better understanding realty service contract related content, owners and property rights and obligations between the enterprise legal relationships, for maintaining the lawful rights and interests of the parties to the contract, prevent and eliminate property disputes, to safeguard the healthy development of the property industry is very important. Due to the rapid development of the property market, and the theory of property, follow the market research, the theory of the requirements of the development of the related property management in separation and the absence of laws lags, judicial organs and legal service personnel confront new property services disputes often due to find the corresponding legal basis and know how to deal with, also affects the realty industry long-term development. In view of this, for realty service contract for special research, and extract the use value of suggestion has important significance.Besides the references, and four parts, about 20560 cross.This paper summarizes the advantages of long, from the realty service contract theory and practice, this paper analyzes the realty service contract nature, type, effectiveness, and expounds its legislation status and existing problems of the realty service contract, perfect. Article four parts:The first part from the basic theory of property management contract analysis of the realty service concept, the characteristic analysis, especially the realty service contract with similar entrust contract, suggested that the realty service contract listed in the contract, the famous alone in order to solve the "identity" as soon as possible.The second part of the content from the realty service contract provisions, discussion of the realty service contract, the parties to the contract contents, revocation problems. Realty service contract party's owner congress and the owners' committee, because the owner congress, owner committee represents the owner exercise right, adjust various legal relationship, the owner congress, owner committee as the parties to the contract can better coordination relationship, Property companies as a contract, the other party shall have the legal person qualification and professional qualifications, Owner committee in designated rights, beyond the scope of authorization, against the owner true meaning, whether there is a contract by owner effect and when the realty service contract has violated the law mandatory regulation, shall be invalid, For the cancellation of the contract, have a legal revocation and agreed to cancel two, each should have certain conditions, for legal revoked shall have the legal provisions for several reasons, revoke realty service contract agreement, contract both sides can free after the termination of both sides should be based on the principle of honesty, good performance after the contract.The third part of the current realty service contract theory and legislation of deficiency and defects. The low level of legislation, backward legislation, unified legislation, Realty service contract has not been listed in the contract, only for famous when referring to relevant provisions of the contract, the famous due to the property law has its own characteristics of the contract, the contract, so different from other applicable to property of confusion, contract, Content of the realty service contract provisions are not perfect, some important problems of lack of clear rules, causing disputes, each party dispute since constantly. Such as the property of the security liability within the standard, the property of the fund raising, use, supervision and lack of clear rules, property management, also brought against all right. Maintain About the realty service contract of specific conditions stipulated in the contract, or a party to exercise any right to terminate a difficult exercise, or terminate, the healthy development of the industry, property.The fourth part of how to improve the realty service contract. Try to make laws can materialize, standardization, operation, property developers and owners, definite service company between the rights and obligations of the parties and make more definite responsibilities, thus reducing disputes, safeguard the interests of all parties. This thought, should make clear the subject status of the realty service contract, is defined, the business of all right. Secondly, we should regulate content of the realty service contract as soon as possible, formulate detailed and clear content to reduce future disputes. Third, definite property fee standards of management, maintenance fund, supervision, fourth, defining the legal liability within the community safety standards. Due to the third party liability tort disputes arising in the realty service contract, if have, express or implied, is prescribed in the contract of property management company to undertake responsibility of breach of contract within the scope, If the property is not stipulated, according to the principles of fairness and reasonableness, comprehensive consideration, define the reasonable scope. Fifth, the proprietors of property right to terminate a contract, this is the freedom of contract and contract freedom and respect for the rights of the prophase realty service contract, because owner in the contract is usually a completely passive position to ensure that its rights, and the owners' assembly and the owner committee for various reasons, the victims was unable to get the right effectively, can give relief in the property owner congress before the establishment of the rescission, In general, because the owner of a contract with the property of enterprise in collusion, serious damage to the owner, the owner held interest requirement owner congress election owner committee case scenario, the legal grounds to appropriate proprietors in this kind of circumstance to terminate the contract. Anyhow, persisted with the market means and legal means to regulate, combined with a realty service contract, perfect service market, finally solve the property dispute.This article attempts from the realty service contract theory, the influence of the realty service contract effectiveness, China's legislation and the realty service contract with the shortcomings of the relevant contents of realty service contract of analysis and discussion on this basis, the perfection of realty service contract and puts forward some Suggestions to perfect the law governing the contract of business objects and the settlement of disputes. But because of the limited space, learning ability and the theory foundation to explore, to the theoretical and practical problem, should not continue to work and study.