A Study On The Liability For Breach Of Contract In Property Service Contract

With the continuous development of China’s real estate industry,the number of cities in the area are also growing property.Although the rapid development of the property services industry,but the industry adjustment of China’s relevant laws and regulations is not very robust,real-life disputes concerning property services abound.One of the important legal basis for property services is to explore the relationship between the parties was signed property services,and details about the property service contract breach of contract is the most important property services.Research on the property service contract breach may well help resolve property disputes.So.now how the status for breach of property services contract research in China? Academia existing service contracts identified on the property which views nature?What are the specific breach in real life situations?Property way bear liability for breach of the service contract and what?This article will focus on these issues.through rigorous analysis and demonstration,each of the above questions to be answered.The full text is divided into seven sections:the first article discusses value and status.The second part describes the origin of this writing.thinking about breach of contract disputes property services on both sides of the issue through a typical case.and the case involves the analysis of the problem.Discrimination and the third part is to define the nature of our property services contract.The value of the part of the study is that in order to better resolve property disputes breach.the reason lies in the different types of contracts,the applicable rules are not the same,so the service contract research and define the nature of the property has a vital significance the writings of many scholars on the nature of the property has been extensively service contract discussions,but has not formed a conclusion.Therefore, in this part of the article,the first of the scholars on the nature of the contract of property services identified four critical analysis of the mainstream view.and then make their own personal point of view carefully the contents of the area.The fourth part is the main responsibility of property services for breach of contract analysis,including the two main responsibility,one is of course the main responsibility.mainly refers to the property owners,property management companies and construction companies,Another is the responsible body,including the owners’ committee and the owners of the General Assembly.Section V describes the property service contract breach identification,elaborating that part of the article discusses the two parts separately,a part of the responsibility principle discussed in the property services contract breach,and the other part is the fulfillment of the service contract on the property Common scenarios breach summarize and summary.Part Ⅵ discusses the liability for breach of contract after the property services which bear the way,including:remedial measures.such as compensation for the loss and continue to perform.Part Ⅶ describes the property to improve the service for breach of contract responsibility system,and as the last part of the article,combined with the contents of the article discussed above,put forward three proposals,one additional relevant laws and refinement:the second is to strengthen the guiding case guiding role;third is to strengthen government administrative guidance of the industry.