Property Services Contract Legal Issues

The contract of property service is the basis of the management of theproperty.It is the different types of regulations formulated by thedifferent cities which adjust the contract of property before the StateCouncil promulgates the The Rules of Property Management.These regulationsdon't coordinate with each other and they are also of the low level in thewhole law system.They don't fit the base law.Things get better afer 2003when the rules of property management was issued.Yet the contract of propertysevice is a new kind of contract not reffered in the Contract Law,so we shouldconfirm this kind of contract and solve the dispute according to theregulations by the different departments and general rules of the theContract Law.Then as far as the contract of property concerned,straight lawbasis and direct controlling from the civil law are needed and vacuumappears.On the other side property management bases on condominium propertyownership system .Because the Law of the Property hasn't been published,thesystem of the contract of property service lacks of stong support by thetheory.Hence,many problems arise .For example,legal status is notblurred,rights and duties are not clear and legal relations is vague.Theseproblems hinder the solveing of the dispute and development of the propertymanagement. My thesis tried to set about to the difference of the contract of theproperty service and the commission contract and reveal its uniquevalue.Then I try to discuss the condominium property ownership system whichis the basis of property management and express the characteristic of thecontract at the same time.Following that,I concern this issues such as theproprietary group,the essence of the prophase contract of the propertyservice ,the proprietary's right of unilateral discharge and the clauseof style of the contract.I suggest we should adapt the corporate personalitystyle and entrust proprietary conference the corporate personality.In thisstyle the proprietary commission is just the enforcement organization.Mythesis also pay attention to the proprietary's right of unilateral dischargeand explain its malpractice.To avoid that I tried to restrict it in alimited extent.On the contrary ,I propose that we should confine the clauseof style of the contract from its beginning to discharge in order to protectthe proprietary's right and the development of the management of theproperty.Finally,I convey my suggestions of the legal system on the contractof property service.Deductive method is adopted in the whole thesis.Meantime I also triedto expond the opinions by comparing,giving examples and reviewing thehistoric records .