Civil Liability Of Property Services Companies

With the birth and development of real property industry,real property service industry has been growing rapidly.However,this generates a lot of new legal problems and brings new challenges to traditional legal system. One of these problems is how the civil responsibilities of real property management and service enterprise should be defined.Real property service enterprise is one significant component of real property service legal relations.Real property service enterprise has been involved in many civil disputes.The civil responsibilities for real estate service enterprise is a hot topic,but few rules has been specifically regulated on this topic except for The Provisions for Real Property Service and General Principles of Civil Law.In the Provisions for Real Property Service coming into effect on September 1,2003,only a few kinds of civil responsibilities have been regulated,for example,the real property service enterprise should be charged with compensation responsibilities to make up for the loss of the real property owner if it goes in for the real property service without getting qualification certificate;moreover,these regulations are only basic principles hard to be followed and applied.The Law of Ownership of Real Property just came into effect last month,we can't predict the role it will play in the future and only a few regulations can be used directly for solving cases involving civil responsibilities of real property service enterprises.Therefore,to correctly define the legal status and civil responsibilities of real property service enterprise in contracts and infringement cases and make responsibility risks of the real property service enterprise predictable,not only affects the existence and development of the new type of real property service industry,but also affects the interests of thousands of real property owners.This dissertation consists of 5 chapters besides preface and conclusion.Since real estate,real property service and real property service enterprise is the fundamental conception,the introduction in Chapter 1 summarizes the conception of the above terms;and the civil obligation of real property service enterprise is analyzed for the purpose of analyzing the civil responsibilities of real property service enterprise afterwards.In chapter 2,contractual civil responsibilities of real property service enterprise are analyzed in details by analyzing its obligations in contracts, the nature and legal bodies of real property service contract.Then civil responsibilities that real property service enterprise should bear for breaking contract and principles for responsibility-bearing are analyzed.On the basis of above,contract -breaking conditions and the ways of bearing civil responsibilities for real property service enterprise are talked about.Chapter 3 analyzes responsibilities of real property service enterprise for tort.Tort of real property service enterprise is a complex topic.Basic conception,nature of tort of real property service,requisites to constituting a tort and criterions of responsibility for tort of real property service enterprise are analyzed afterwards.On the basis of this,tort types of real property service enterprise and civil responsibilities for tort of real property service enterprise and ways of responsibilities -bearing for real property service enterprise are analyzed in the following section.From the above analysis,we know much about the complexity of the conditions of tort and charge-bearing conditions of real property service enterprise.Then we conclude that different criterions of responsibility and ways of responsibilities -bearing should be applied in accordance with different types of tort of real property service enterprise.Since real property service has close connection with personal and property rights of the owners of real property,behavior of breaking contract often constitutes tort.Chapter 4 analyzes what kind of principles we should follow to determine the civil responsibilities under this circumstance.Construction of legal system concerning the real estate service enterprise's responsibility has introduced the current legislation on real estate service enterprise's responsibility in China,and has described the legislative defects on real estate service enterprise's responsibility.According to the writer,the legal system of responsibility of real estate service enterprises should be perfected by amending the existing relevant laws and regulations and constructing a specific law of real estate service in which the relevant issues of real estate service are regulated.The end of this dissertation emphasizes the judicial principles we should follow to judge cases involving civil responsibilities of real property service enterprise.