Argument Of The Realty Service Contract Of China

In recent years, real estate became hotter and hotter, the property management business also go into a high-speed development period. Property management became more and more important in our daily life, almost affect everyone's life. But when we enjoy the convenience of property management, we also need to endure its dispute, the disputes occur frequently between the the realty service enterprise and the owner. It involves our theme-realty service contract. Realty service enterprise and homeowners relates in together through the realty service contract, the contract expressly agreed the rights and obligations of the parties, the responsibility, etc. The actual disputes in the two parties of the contract are due to misunderstanding of the realty service contract. So deeply understanding the relevant contents of the realty service contract is very important. This paper uses the method of summed up, discusses the basic theory of the realty service contract, the subject legal status and some actual disputes often taking place, to help to solve the problems.The first part is the summary of the realty service contract. Firstly, this paper discussed the type of realty service contract:including the prophase realty service contract and the realty service contract. The former mainly occurs in the prophase realty management phase, sighed by the developer and the prophase realty service enterprise, but it also binds in the future owner, mainly through the owners and developers signed the building business contract. Secondly, this article defines and analyzes the concept and properties of realty service contract, it thinks that realty service contract is an independent new type contract, signed between two equal civil subject. It is the rights and obligations whole book of the owners and property enterprise; it is the core of realty management activities. Thirdly, the paper discussed that the real right of the realty service contract is based on property management.The second part is about the subject's concepts and legal nature. The realty service contract's subject involves owner, owner congress, owner committee and the realty service enterprise. The author believes that, the owner and the realty service enterprise is the real parties of the contract, is the ultimate risk-drivers of the rights and obligations. The article also discussed the owners'assembly and the nature of the owners' committee, and believes that we should offer the independent legal qualification.The third part discussed some problems in realty service contract performance. It includes three parts:the breach of the realty service contract; the removal of the realty service contract; and some common disputes. For example, individual owner's illegal setting-up; owner's person damages and property lost and the property cost. This article discussed these problems from the contents of the realty service contract.